( 1 ) THIS Bench has been constituted to hear this revision on a reference made by mr. Justice Raina, 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 reference are that Kasturibai (respondent No. 1) obtained equivalent Citation: an ex parte decree for arrears of rent and ejectment against Yuvraj Singh (respondent No. 2) in respect of a house. To execute the warrants for possession and attachment, the Nazir went to the house on August 22, 1972. He could not deliver possession and made a report to the Court complaining, inter alia, that one bhagwat Narayan claimed to be in possession of the house and refused to vacate it, unless there was an order against him. He claimed to be the tenant of one sushilabai. When the decree-holder was asked to take possession, Bhagwat narayan obstructed. There was apprehension of breach of the peace. Therefore, neither possession could be taken, nor attachment could be effected. The Nazir recommended that Pol