1. Judgment-debtor No. 2 is the revision petitioner. He challenges the order passed by the executing court holding that the decree put in execution is not a nullity and further that the decree-holder is entitled to recover possession of the property from the defendants-judgment-debtors. The plaintiff-1st respondent filed a suit for recovery of possession of the property on the basis of a mortgage. The first defendant was impleaded as the mortgagee and the second defendant, her husband, was impleaded as a person looking after the mortgaged property on her behalf. The suit was filed after 1 1 1970. The petitioner had contested the suit stating that he is a tenant in independent possession of the property and that he cannot be dispossessed. The trial court did not refer this question to the Land Tribunal. It is not clear whether there was any request for it and it was refused. The trial court finding that he is a tenant in independent possession, granted a decree to the plaintiff to redeem the mortgage and to take only a symbolic possession. The plaintiff filed an appeal to the Sub Court The first Appellate Court did not agree with the Munsiff on the question of tenancy an