Leach, C.J.

1. The question here is whether a Court must have regard to the provisions of the Madras House Rent Control Order, 1941, when deciding in execution proceedings an application with regard to the possession of house property. In O.S. No. 25 of 1938 in the Court of the Subordinate Judge of South Malabar the P and O Banking Corporation Limited obtained a mortgage decree for a large sum of money against one C. Unnithiri. Certain members of the mortgagors family, including his three children, who were minors, were made defendants. The minors were represented by their mother Radhalakshmi, the respondent in this appeal. The Bank of Calicut Limited which is now in liquidation held a second mortgage on the properties of which one was the house in which the respondent and her children were living. At the sale held on 4th January 1943 in execution of the mortgage decree the Official Liquidator of the Calicut Bank Ltd., (hereinafter referred to as the Official Liquidator) purchased the house for the sum of Rs. 52000. The sale was confirmed on 6th February 1943. Through their mother as their next friend the minors filed O.S. No. 6 of 1943 in which they challenged the right of