Sudhir Agarwal, J.—This is defendant’s appeal under Section 100 CPC. The plaintiffs/respondents (13 in numbers) (hereinafter referred to “plaintiffs”) instituted original suit No.359 of 1974 against defendant appellant Gurdev Sahai (now deceased and substituted by his heir and representative) (hereinafter referred to as “defendant”) seeking a declaration that plaintiffs are tenants in house No. 113, Mohalla Gai Ghat, Varanasi and they cannot be evicted pursuant to a decree passed in original suit No.195 of 1970, which will have no impact upon them.

2. Sri K.D.Rai, City Munsiff, Varanasi dismissed the suit vide judgment dated 8.5.1975 whereagainst two appeals were filed i.e. civil appeal No.360 of l975 by plaintiff/respondent No.1 and 364 of 1975 by rest of the plaintiffs.

3. Sri A.B.Hajela, learned Additional District & Sessions Judge (V Court), Varanasi vide judgment dated 24.8.1977 has allowed both the aforesaid appeals, hence this appeal by the defendant.

4. This court formulated following two substantial questions of law:

1. Whether defendant-appellant was entitled to dispossess the plaintiff/respondent in execution of his decree for redemption of mortgage?

2. Wheth