( 1 ) THE facts out of which this appeal arises can be briefly stated as follows:-In a redemption suit by a mortgagor against the two mortgagees the appellant who was a tenant of the mortgagees was also joined as party but he did not file a written statement. A preliminary decree was passed by consent between the mortgagor and the mortgagees. In the final decree it was ordered that possession should be delivered to the mortgagor.

( 2 ) IN the execution of that decree the appellant who was a tenant of the mortgagees gave an application praying to the Court that actual possession should not be given but only symbolical possession. In para 2 of his application he has stated as follows :the plaintiff and defendants Nos. 1 and 2 have compromised the matter on 21 January 1956. I was not a party to that. I am tenant of defendants Nos. 1 and 2. So actual possession cannot legally be taken from me. But symbolical possession can be taken as provided in Order XXI Rule 36. So I submit that fact to Your Honour and I submit that I will also declare my objection when Nazir will come for taking actual possession from me. So it may be ordered that actual possession may not be handed o