S.B.Capoor, J.

1. The following three questions have been referred to the Full Bench by the order of the Division Bench dated the 14th February, 1964:

(1) If out of the main residential house belonging to a non-agriculturist judgment-debtor a portion of it is let by him to tenant (s), is the whole house deemed to be in his occupation within the meaning of Section 60 (1) (ccc) of the Code of Civil Procedure?

(2) If any building attached to the main residential house belonging to and occupied by non-agriculturist judgment-debtor is let out to a tenant, will that portion be considered to be in his occupation within the meaning of the above provision?

(3) Does it make any difference if the letting is not voluntary, but the result of the order of a competent authority, e.g. of a requisitioning or the rehabilitation authority?

2. These questions arise in three appeals from execution proceedings .. .. .. Execution Second Appeal No. 450 of 1963, Execution Second Appeal No. 812 of 1963 and Letters Patent Appeal No. 120 of 1963. The facts of the cases giving rise to these appeals have been given in the referring order and it is only necessary to notice them briefly. In E. S. A. No. 4