JUDGMENT

J.S. Verma, J.-This appeal by special leave is by the defendant and it arises out of a suit for redemption of a mortgage. The appellant was the lessee in the premises which is a shop in which he was carrying on his bakery business from 1965. The plaintiff later executed a mortgage in favour of the defendant on 18.7.1974 for a consideration of Rs. 13,000/-. On expiry of the period of mortgage, the plaintiff filed a suit for redemption and recovery of possession of the premises. The defendant contested the claim for recovery of possession, inter alia, on the ground that his possession was that of a lessee, independent of the mortgage and even after redemption of the mortgage the defendant was entitled to continue in possession under the lease. The Trial Court passed a preliminary decree granting redemption and directing recovery of possession from the defendant. The first appeal by the defendant has been dismissed by the High Court. Hence, this appeal by the defendant.

2. The High Court has held that there was surrender of the prior lease by the defendant on execution of the mortgage by the by the plaintiff in his favour; and that the defendant s possession of the premises at