JUDGMENT

Bennet, J. - This is an appeal by Dwarka Halwai, defendant, originally an auction-purchaser, against a decree in favour of the plaintiff. The present decree of the trial Court is that the decree in O.S. No. 188 of 1924 dated 24th September 1924 of the Court of the Munsif, Syed Ali Akbar v. Sitla Prasad and others, is null and void and is not binding on the plaintiff and the plaintiff shall receive possession over the house in dispute. Syed Ali Akbar brought a suit, No. 16 of 1922, and obtained a decree on a promissory note against Maksudan Das. Syed Ali Akbar attached a house in Shahganj, district Jaunpur, in execution of this decree. Mt. Ram Pati, the wife of Maksudan Das, judgment-debtor, objected under Order 21, Rule 58, Civil P.C., that her mother Mt. Shiam Kunwar had built this house and that the house belonged to her on the death of her mother and that Maksudan Das had no interest in the house. Mt. Ram Pati then died and the present plaintiff Sitla Prasad, a minor, was substituted as the son adopted by Maksudan Das, her husband, and as the person who was entitled to succeed to the property of Mt. Ram Pati. The execution Court decided the objection in favour of Sitla P