( 1 ) THIS appeal raises a question of some importance regarding the applicability of sec. 52 and sec. 65a of the Transfer of Property Act. A brief statement of some facts would be helpful in understanding the question. The appellant was a simple mortgagee of the property of respondent No. 2 and he filed Suit No. 80 of 1954 for the realization of his mortgage moneys by sale of the mortgaged property. A preliminary decree was passed in that suit on 29th June 1955 and a final decree was passed on 27th January 1956. The appellant filed execution application No. 18 of 1956 to execute his decree and the property was sold by auction by the Court on 20th July 1959 and was purchased by the appellant. After the appellant bad obtained the final decree on January 27 1956 as stated above respondent No. 2 gave a lease of the property to respondent No. 1 for a period of three years on 17th January 1957 and took in advance rent for the three years. The auction purchaser filed an application for obtaining actual possession of the property which he had purchased at the Court sale. This application was resisted on the ground that the tenant of the mortgagor had taken possession of th