Judgment

A. N. SEN, J. :- The principal question which falls for determination in this appeal by Special Leave granted by this Court, is whether Gyan Chand Jain, the respondent No. 1 in this appeal, who purchased a two and half storeyed bunglow at No 5-C/96, W. E. A. Karol Bagh, New Delhi, at an auction sale held pursuant to the terms of the compromise decree between the mortgagor and the mortgagee, is entitled to recover actual physical possession of the portions in the occupation of the appellants as lessees, the leases in respect of which were created after the decree in the mortgage suit by consent between the parties had been passed, in an application made by the auction-purchaser Gyan Chand Jain under O. XXI, Rr. 95 and 96 of the Code of Civil Procedure.

2. There is no serious dispute with regard to the facts material for the purpose of this appeal. Des Raj Agarwal, the sole proprietor of M/s. Raj Kumar & Co. mortgaged the 2 1/2 storeyed bunglow No. 5-C/96, WEA, Karol Bagh, New Delhi (hereinafter referred to as the premises) along with various other properties with Oriental Bank of Commerce (hereinafter referred as the Bank) on 28-6-1960 by deposit of title deeds. The Bank file