( 1 ) F. M. As Nos. 255 and 264 of 1964. The above two appeals arise out of the same proceeding under Order 21 Rule 90 of the Code of Civil Procedure for setting aside an execution sale. First Miscellaneous Appeal No. 255 of 1964 is by the decree-holders and the other First Miscellaneous Appeal, namely, No. 264 of 1964, is by the auction-purchaser.

( 2 ) THE property in question, namely, Premises Nos. 1 and 2 (now No. 1) Nityadhan Mukherjee Road, Howrah, belonged to the Sils in superior interest, under whom respondent No. 1 and/or his predecessor was the lessee under a lease, dated October 6, 1920, for a period of fifty years, expiring in August 16, 1970. The appellants were sub-lessees in respect of the said property. In or about the year 1957, the appellants instituted a suit (title Suit No. 104 of 1957 of the First Court of the Subordinate Judge, Howrah) for specific performance of a contract of renewal of the sub-lease. That Suit was decreed on July 6, 1960, with costs. The said decree, including the decree for costs, was put into execution in Title Execution Case No. 21 of 1960 on August 20, 1960. In the said execution, there was a two-fold prayer: first