Venkatasubba Rao, J.

1. This appeal has been brought against an order made by the lower Court, refusing execution against the respondent. The decree that was sought to be executed was one passed in O.S. No. 7 of 1922 inter alia against the respondents father, who was the 5th defendant in the suit. Into the chequered history of that suit, it is unnecessary to enter; it is sufficient to state for the present purpose, that the suit itself was commenced in 1919 (it was originally numbered as O.S. No. 96 of 1919), that a decree for possession was passed against the 5th defendant in May, 1933, that in execution of that decree the plaintiff obtained possession of the lands in October of the same year and that by a further judgment delivered on 3rd April, 1935, mesne profits were awarded against the fifth defendant, who subsequently died in the following June. (To avoid confusion, it may be stated that the formal decree drawn up in respect of mesne profits bears a later date, namely, 22nd July, 1935, but that is a cirafmstance which is immaterial). The plaintiff-appellant applied for execution in February, 1936, praying first, that the respondent (that is, the fifth defendants undiv