Judgment

HEGDE, J.-These connected appeals arise from an execution proceeding. The question for determination in these appeals is whether the decree under execution is executable ? The learned single judge of the High Court of Jammu and Kashmir before whom the execution was levied came to the conclusion that the decree is executable but the execution petitioners, who are entitled to a fraction of the interest in the suit properties can only have joint possession of the same along with the judgment debtors who had acquired by purchase a ten annas share in those properties. Both the appellants as well as Respondents 1 and 2 appealed against the order of the learned single judge. The appellate bench of that High Court reversed the decree of the learned single judge. It came to the conclusion that the decree is not executable and that it is merely declaratory in character. It accordingly dismissed the execution petition. Hence these appeals by certificate.

2. The facts giving rise to the controversy are as follows :

One Sardar Uttam Singh Khorana leased in favour of the 1st respondent and the father of the second respondent the Uttam Talkies in Jammu including a cinema machinery and furni