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The Sagar Mahila Vidyalaya, Sagar in the capacity of auction-purchaser then applied for the delivery of possession. The possession was delivered to Mahila Vidyalaya on 24th March, 1951. At the time of delivery of possession some portion of the house was in the occupation of Smt. Radha bai, widowed sister of the judgment debtor, Govind Rao Harshe and other portions were in the occupation of the tenants. The Secretary of the Mahila Vidyalaya Agreed to the request of the tenants including Smt. Radha Bai that they will not be ousted as they were willing to execute rent notes. Thereafter, Mahila Vidyalaya being in need of more occupation moved the Rent Controller for permission to serve notices on the tenants to vacate the premises. The permission was granted by the Rent Controller on 10th March, 1953 after service of the notices, all the tenants except Mst. Radha Bai vacated the premises and handed over possession to Mahila Vidyalaya. The Mahila Vidyalaya then instituted a suit (Civil Suit No. 100-A of 1954) against Mst. Radha Bai and also Govind Rao Harshe who had started to live with his family in the portion occupied by Mst. Radha bai as her licensee. The Trial Court dismissed the suit for ejectment but passed a decree for arrears of rent against Mst. Radha Bai alone. The appeal filed by the Mahila Vidyalaya was allowed by the Additional District Judge by judgment dated 27th October, 1957. Against this decision, Govind Rao Harshe alone preferred an appeal in the High Court and Mst. Radha Bai was impleaded as respondent No. 2. The High Court by its judgment dated 29th April, 1960 dismissed the second appeal filed by Govind Rao Harshe. The Mahila Vadyalaya then filed an execution application for ejectment of the occupants and the same is still pending as a result of stay order passed in a subsequent suit filed by Govind Rao Harshe, which is now the subject matter of the present appeal before us.

The apart, after the issue of sale certificate in favour of Mahila Vidyalaya it alone was entitled to obtain possession under Order XXI 95 C.P.C. The appellant Mahila Vidyalaya had filed execution application and possession was given to it on 24th March, 1951. Not only that Mahila Vidyalaya got an order for serving notice of ejectment on the tenants from the Rent Controller and all the tenants except Mst. Radha Bai surrendered possession in favour of Mahila Vidyalaya. Not only that a suit for ejectment filed against Mst. Radha Bai and Govind Rao Harshe was also decreed in favour of the appellant Mahila Vidyalaya. In execution of the decree for ejectment Mahila Vidyalaya was trying to obtain possession. Thus by no stretch of imagination can it be said that Mahila Vidyalaya was a trespasser in the facts and circumstances mentioned above. Th High Court in our view did not consider the case in a proper perspective and took a wholly erroneous view in holding that the appellant was a trespasser and Govind Rao Harshe could have filed a suit for possession. The plaintiff Govind Rao Harhse himself had come forward with a plea that the execution proceedings and sale was null and void and unless he was able to succeed in this regard, which he did not in the present case, no decree for possession could at all have been passed in his favour.