A.S.NEHRA, J.

1. This revision petition under S. 115 of the Code of Civil Procedure has been referred by a learned single Judge because, in his opinion, the following question deserves to be decided by a Division Bench :-

"Whether the executing Court is bound to consider the application of a person, in possession, where he was not a party to the decree, before he is dispossessed ?"

2. Facts material for this revision are that Inder Singh petitioner obtained a decree on 7/09/1982, for specific performance of an agreement of sale dated 25/06/1979, against Anup Singh. In terms of this decree, sale deed Exhibit DH 1 was later executed on 3/02/1983. The sale consideration of Rs. 59,500.00 was concededly received by Piara Singh, an attorney of judgement-debtor Anup Singh. As a result of the execution of the sale deed Exhibit DH 1, the petitioner decree-holder launched the present execution proceedings to secure the physical possession of the land in question. The delivery of possession of this land was obstructed and objected to by Piara Singh, who, as indicated earlier, had actually received the sale consideration, on the ground that the said land was in his possession along wit