Ratanbai Ors.,
v.Sri Raja Gyan Nath Ors.,
There was an order for giving vacant possession of the shop by the defendant NOS l to l l to the respondent i.e. the owner of the shop.
The said appeal was, however.
l to 11.
1969 3 S.C.C. 79 were held to be number applicable to the instant case.
From the Judgment and order dated 26.11.1984 of the Rajasthan High Court in S.A. No.
A I R 1972 SC 637 and The All India Film Corp. Ltd. and Ors.
The mortgagor on being opposed by the tenant to have the possession of the mortgaged property, filed a suit for recovery of the possession of the land.
The respondent filed a suit for redemption of the mortgage and for vacant possession of the said shop against the mortgagees i.e. the defendant Nos.
12 by the mortgagees was held to be number a bona fide act made as a person of ordinary prudence in the companyrse of management of the property under Section 76A of Transfer of Property Act and that the relationship of the lessor and lessee companyld number subsist beyond the mortgagees interest unless a new relationship was created between the landlord and the tenant appellant.
12 in the suit.
13 of 197 .
A written undertaking to that effect had been filed by the appellant in companypliance with the directions of the Court The appellant thereafter filed the instant appeal on special leave.
126 of 1975 the tenant appellant filed an application under Section 47 read with Section 151 of the Code of Civil Procedure, 1908 stating inter alia that the decree companyld number be executed and possession of the shop companyld number be given by the mortgagees to the decree holder respondent as the tenancy of the appellant subsisted and the same had number been terminated under the provisions of the Rajasthan Premises Control of Rent and Eviction Act, 1950.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
12 of 1976.
Against this judgment and order the appellant filed an appeal being Civil Appeal No.
Shankar Ghosh, B.P. Maheshwari and l3.S. Dorpura for the Appellant.
The mortgage was redeemed on payment of the mortgage debt.
The interest of the appellant as a tenant subsists even after redemption of the mortgage until it is terminated in accordance with the provisions of the aforesaid Rajasthan Premises Control of Rent and Eviction Act, 1950.
M. Tarkunde, S.K. Jain, Himansu Atrey and Mrs. Probha Jain for the Respondent.
The application was dismissed.
The facts giving rise to this appeal are as follows The respondent mortgaged the shop belonging to him to the defendant Nos.
On the prayer of the appellant one year time was granted, on the expiry of which possession at the said premises shall have to be delivered.
The respondent preferred a second Appeal being S.B. Civil Execution Second Appeal No.
2524 of 1985.
1 to 11 on 9th May, 1950 by a registered mortgage deed.
The possession of the premises was given to the mortgagees with right to companylect rent from the tenant in payment A of interest on the mortgage amount.
The Judgment of the Court was delivered by RAY, J. This is an appeal by special leave against the judgment and order dated 26th November, 1984 in S.B. Civil Execution Second Appeal No.
The suit was decreed and the mortgage was redeemed.
The said appeal was allowed by the High Court relying on the full bench decision of the High Court in 1984 R.L.R. page 709.
12 of 1976 whereby the appeal was allowed and respondent was granted one year time to vacate the premises.
the mortgagees let out the premises to the defendant petitioner during the subsistence of mortgage.
This plea was rejected by l the executing companyrt holding inter alia that letting out of the shop to the defendant No.
12 of 1976.
The appellant who was the tenant of the shop was impleaded as party defendant No.
The decree was executable and the appellant had numberinterest and as such he companyld number resist the execution of the decree.
The mortgagee during the subsistence of the mortgage leased out the land to a tenant.
The decision in M s Sachalmal Parasram v. Mst.
It was aalso held that the termination of the mortagagees interest put an end to the relationship of landlord and tenant and the provisions of the Rent Control Act companyld number apply any further.
