1. This appeal arises out of execution application No. 37/69 filed by the appellant in the Court of Civil Judge, Junior Division at Anjar, Kutch district. The appellant - decree holder has obtained the decree, which is sought to be executed, in civil suit No. 95/61 of that Court on 5th December, 1962. That decree was for possession and recovery of arrears of rent. It appears that the suit property, about which the decree is passed, was mortgaged with the appellant decree holder by Dungarshi Jivandas, the father of the judgement - debtors. It was a mortgage with possession. The mortgagor, therefore, executed a rent note in favour of the decree holder. It was on the basis of this rent note that the above referred civil suit No. 95/71 was filed by the decree holder. That suit was filed against the present respondents in their capacity as the legal representatives of Dungarshi. It is an admitted fact tha