JUDGMENT

Brijesh Kumar, J.-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 Court 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.

2. The controversy 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. We have heard learned counsel appearing for the parties and have also gone through orders passed by the Courts below.

3. 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 not in dispute that the tenancy of the said shop had been coming down since long. The appellant-landlord however executed a mortgage deed, duly registered, in respect of the shop in question i