JUDGMENT - Patel, J.

1. These two appeals raise at least one question in common and that is why they have been placed together. In appeal No. 1041 of 1958, the point arises in execution proceedings and in appeal No. 1162 of 1958 it arises in a suit proper. In both these cases, the mortgagors obtained redemption decrees against their mortgagees. The mortgagees had before the filing of the suit created monthly tenancies in respect of the mortgaged premises. After the decrees were obtained, the tenants of the mortgagees claimed protection under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. In appeal No. 1041 of 1958, the mortgagor sought to execute the decree against the tenants also on the ground that once the decree was passed in his favour against the mortgagee, the tenants of the mortgagee were bound by the decree and, therefore, he was entitled to obtain physical possession of the properties. In Appeal No. 1162 of 1958, an order for symbolical possession was passed in favour of the mortgagor in execution proceedings under which he obtained symbolical possession. Thereafter he filed the suit, out of which the present appeal arises, for possession against the te

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