( 1 ) THIS reference requires consideration of the correctness of the decision of a division Bench in Bhagwat Narayan v. Kasturi 1973 MPLJ 899: (AIR 1974 Madh pra 26), as a result of which the executing Court is bound to stay its hands the moment a third party files an objection to the execution and this stay continues till an unwilling decree-holder/auction-purchaser is forced to apply for investigation into the right or title claimed by the third party and negative the claim therein. The success of the decree-holder/auction/purchaser even thereafter is subject to another such objector coming forward with a fresh claim requiring another investigation. Even though Bhagwat Narayan's case requires such an investigation to be summary, after the recent amendments in Order 21, by C. P. C. (Amendment) Act, 1976, the investigation is full as no separate suit lies later. This added difficulty in execution of a decree for possession has led to the present reference requiring reconsideration of the decision in bhagwat Narayan's case.

( 2 ) THE petitioners obtained a decree for eviction of their tenant Rishanlal Billa (respondent No. 2) and the subtenant Manoharlal Bajaj (resp