( 1 ) A question of considerable importance has been raised in this appeal arising from execution proceedings initiated by respondents Nos. 1 to 3 while executing the decree in Regular Civil Suit No. 152 of 1965. The appellant and respondents Nos. 4 are original judgment debtors and respondents Nos. 1 2 3 and 5 are original decree holders.

( 2 ) FACTS relevant to the discussion of the point raised herein lie within a narrow compass. Decree holders (referred to as landlords) filed Regular Civil Suit No. 152 of 1961 for recovering possession of the property situate in village Anklav in Borsad taluka of Kaira District from the judgment debtor (referred to as tenant) Amongst the property which was the subject matter of suit there were premises consisting of a house and two rooms (for short suit premises) which were in possession of the tenant. This suit ended in a consent decree by which defendant tenant agreed to vacate and hand over peaceful possession of the suit premises on or before 30th September 1972. As the defendant tenant failed to comply with the decree the landlords field Regular Darkhast No. 69 of 1972 of 3rd October 1972 requesting the Court to evict the te