V.K.Jhanji, J.

1. One Madan Lal was the owner of the shop in dispute which was sold to Jagru. This sale was challenged by the sons of Madan Lal; namely, Nand Lal, Kesri Nandan and Krishan Pal on the ground that the sale was not for a consideration and was therefore, without legal necessity. The suit for declaration was decreed and when the matter came up before this Court, the sale was converted into a mortgage and it was held that the mortgage can be redeemed on payment of Rs. 628/- on the death of vendor, Madan Lal. Madan Lal, vendor, died on 23-121969, and thereafter, his sons filed a suit for possession claiming themselves to be the heirs along with Smt. Raj Rani d/o Madan Lal, who was made a proforma defendant. They claimed that they were entitled to the possession of the property on the basis of the decree of redemption of mortgage. The suit was decreed against the respondents who filed an appeal before the District Judge, which was also dismissed on 17-10-1979.

2. Thereafter, decree-holders filed execution application in order to take possession of the shop in dispute. Before possession of the shop could be delivered in execution of the decree, Inderjit Singh who is