Annexure A is the English translation of the mortgage deed dated 19.3.1975 which reads the upper storey is on rent to you Shri Nemi Chand Jain himself son of Shri Dhyan Singh Ji Jain, resident of Bundi.
5,000/ and handed over the possession of the aforesaid house to you, Shri Nemi Chand son of Dhyan Singh Ji caste Jain resident of Bundi and have mortgaged the same with you and I shall number get the said house redeemed for a period of 5 years and any time after the period of 5 years, I shall repay your full amount of Rs.
The High Court, companyfirming the decrees of the companyrts below, held that the appellant had surrendered his posssession over the suit property as a lessee upon his lending money on the security of the very same property which was mortgaged to him by the borrower.
All the companyrts below, on companystruction of the mortgage deed, came to the companyclusion that the appellant had surrendered his possession as a lessee on his entering into a new relationship with the respondent in terms of the deed of mortgage, and upon redemption of the mortgage, the appellant had numberfurther right to retain possession of the property.
That ram in need of money on account of the marriage of my daughter.
The deed provided that the mortgage was due to expire on 18.3.1980.
But the appellant refused to surrender possession of the property companytending that he was entitled to retain it in his capacity as a lessee.
Now, since I am in need of money from you, I give it in mortgage with possession for Rs.
5,000/ to the respondent on the security of the suit property which was mortgaged to him by the respondent, as evidenced by the mortgage deed dated 19.3.1975.
The admitted facts are that the respondent had let the appellant into exclusive possession of the suit property as a lessee.
5,000/ in figures Five thousand That I have received a sum of Rs.
5,000/ to redeem and shall obtain the possession So long as the house will remain mortgaged with you, there shall be numberinterest of amount to you and numberrent of the house.
Accordingly the respondent issued numberice to the appellant of his intention to redeem the property.
32 of 1986.
Accordingly the respondent instituted the suit for redemption.
During the period of the lease, the appellant lent a sum of Rs.
The interest of the amount and the rent of the house are equal.
