( 1 ) THIS second execution of decree appeal raises two short but important points of law. One nawab Sardar Ali Khan obtained a decree for the possession of a house known as Kothi, on 17-4-1939 against Nawab Abdul Eahman Khan. A sum of Rs. 467/4/3 was awarded as costs of the suit. An appeal was filed against this decree but it was dismissed on 30-1-1945. Sardar Ali khan, however, died shortly thereafter on 13-3-1945. Two applications for execution were made, one on behalf of Waqar Ali Khan, son of Sardar Ali khan, and another by Smt. Shahzada Begam, daughter of Sardar Ali Khan. Both of these applications were made in 1945, but they were dismissed it appears, for want of prosecution. On 27-1-1948 another application for execution was made by Shahzada Begam and she claimed possession of the house as also the amount of costs decreed in favour of her father. An objection was then filed by Abdul Rah-man Khan, judgment-debtor, on two grounds: It was contended that Shahzada Begam was not the sole heir of Sardar Ali Khan and as such was not entitled tp put the decree into execution and secondly that the decree could not be put into execution without first obtaining a succ