K.C. AGRAWAL, J., (with K.B. Asthana, J.) :- This Full Bench has been constituted to consider the correctness of the Division Bench decision in Habib Seth v. Kashi Nath, (1968) All LJ 446 because of the subsequent pronouncements of the Supreme Court in the All India Film Corporation Ltd. v. Sri Raja Cyan Nath, (1969) 3 SCC 79 : (AIR 1969 NSC 185) and M/s. Saehalmal Parasram v. Ratcabai, AIR 1972 SC 637. The brief facts, necessary for understanding the background which necessitated the reference to the Full Bench are as follows :-

2. A house, situate within the limits of Aliganj Town Area, District Etah, belonged to one Tajamul Hussain. He mortgaged it with Sultan Ali, Abdul Razzaq and Gaffar. The mortgagees were put in possession under the terms of the mortgage. The mortgagees, thereafter, let out the premises to Mir Khan, after taking rent deed from him, mentioning the rent at the rate of 3/8/- p.m. In the year 1963 Tajammal Hussain filed a Suit No. 163 of 1963 for redemption of mortgage against the mortgagees. The suit was ultimately decreed. Tajammal Hussain could get only symbolic possession of the premises. He, thereafter, filed the suit giving rise to the present appe