JUDGMENT

HIDAYATULLAH, C.J.I. -These are appeals by certificate granted by the Punjab High Court against the judgment and decree, dated March 19, 1963. The property in dispute is a building in Jullundur City in which there is located a cinema. It was formerly called Chitra Talkies and now is known as Odeon Cinema . The building was constructed in 1933 on land measuring 3 Kanals and 17 Marias. The original owner-one Azim Baksh-migrated to Pakistan in 1947 and this property was declared evacuee property. Before migration Azim Baksh had dealt with this property in several ways. On January 21, 1946, he had mortgaged the building with possession for Rs. 70,000/- with Malawa Ram and Gainda Mal. On January 22, 1946, Azim Baksh took the building on lease on a rent of Rs. 162/8 annas for 11 months from the mortgagees. He executed a rent note. On February 8, 1946, this rent note was cancelled. An endorsement was made on the rent note to the following effect :

"With the consent of Lal Gainda Ram and Malawa Ram, the said rent-deed has been cancelled. Rent for one month may be included in the mortgage amount. The mortgagees are entitled to carry on the aforesaid cinema in any way they like or