JUDGMENT

Tudball, J. - This appeal arises out of the execution of a decree obtained u/s 90 of the Transfer of Property Act. One Ram Saran mortgaged certain property to the respondent as security for a loan. The latter brought a suit for sale against him and the property was sold, but the sale proceeds were insufficient to satisfy the decree. Then Ram Saran died. The decree-holder then applied as against the appellant Indarjit for a decree u/s 90 of the Transfer of Property Act representing him to be the nephew and heir of the judgment-debtor and in possession of his property. No objection being taken, the decree was passed against Indarjit in his representative capacity, the amount being recoverable from the assets of the deceased which had come to his hands. This decree was put into execution and certain property in the hands of Indarjit was attached as being the assets of Ram Saran Indarjit took objection, pleading (1) that though nephew by nature, he was the adopted son of Ram Saran, (2) that the attached property was the property of the family (himself and Ram. Saran) which he had taken not as heir but as survivor and, therefore, it was not saleable in execution of the decree. T