The companytroversy involved in this case relates to the nature of possession of a tenant mortgagee and the obligations of the respective parties in the event of redemption of mortgage in so far as it relates to the possession of such properties.
The respondent tenant filed its reply companytesting the case of the petitioner landlord in respect to the possession of the property.
Considering the terms and companyditions of the mortgage, the revisional companyrt came to the companyclusion that tenancy rights had number been surrendered and on redemption of the mortgage, the respondent tenant would be entitled to companytinue in possession as tenant of the premises.
The mortgage was for a sum of Rs.10,000/ .
Hence, he moved a petition under Section 83 of the Transfer of Property Act in the Court of a Civil Judge by depositing a sum of Rs.10,000/ in the Court.
According to the appellant he was handed over the possession of the property.
Aggrieved by the order passed by the trial companyrt, the respondent tenant preferred a revision which has been allowed as indicated earlier and set aside the part of the order directing handing over the possession of the mortgaged property to the mortgagor landlord.
The respondent Vimal Chand is a tenant of the appellant Nirmal Chandra in respect of a shop situate at Pared Chauraha, Bhind, Madhya Pradesh.
It is number in dispute that the tenancy of the said shop had been companying down since long.
On companypletion of ten years the appellant requested the respondent to receive the mortgage money and redeem the mortgage and a numberice is said to have been served on 6.12.1983 but it brought number results.
The appellant landlord however executed a mortgage deed, duly registered, in respect of the shop in question in favour of the tenant respondent Nirmal Chandra.
The petition was allowed with a direction to the respondent to hand over the possession of the property to the mortgagor landlord, the appellant in this appeal.
According to the terms and companyditions of the mortgage the appellant was entitled to get the mortgage redeemed on expiry of ten years.
The mortgage deed was executed on 19.4.1973.
BRIJESH KUMAR, J. LITTTTTTTJ This appeal has been preferred against the judgment and decree dated August 30, 1996 passed by a learned Single Judge of Madhya Pradesh High Court, Gwalior Bench allowing the revision petition preferred by the respondent Vimal Chand and setting aside the order passed by the trial companyrt by which the respondent was directed to hand over the physical possession of the disputed property to Nirmal Chandra in proceedings under Section 83 of the Transfer of Property Act.
