Tek Chand, J.

1. This Civil Revision and five other cases, R. S. A. 146-D of 1961, R. S. A. 162-D of 1961, R. S. A. 163-D of 1961 R. S. A. 164-D of 1961 and R. S.A. 165-D of 1961, can conveniently be disposed of by one order as the question of law, which was referred by Khosla C. I. to a Division bench is the same. The relevant passage from the order of reference is, as under :

"I, therefore, direct that quite apart from the fact that the plaintiffs could fall back upon the ordinary law in the present case a Division Bench should consider the point whether an auction purchaser of evacuee property, who has not yet obtained a sale certificate but to whom the occupier has attorned, can under the ordinary law maintain a suit for ejectment."

It was directed that this matter be placed before a larger Bench and if there were any other petitions of a similar type pending they may also be put up for hearing before the same Bench so that the counsel appearing in those petitions might have, if they so chose, an opportunity of representing their views before the Court. The facts of each case in certain particulars are different and as we are merely answering the question of law under r