Judgment

SIKRI, CJI. :- This appeal by special leave is directed against the judgment of the High Court of Madhya Pradesh dismissing the appeal filed by the appellant before us. The relevant facts for the determination of the points raised before us are as follows :

2. Respondents Nos. 1, 2 and 3, who were the owners of the premises in dispute, mortgaged the premises in favour of respondent No. 4, with possession, vide two mortgage deeds dated December 5, 1947 and October 26, 1948, for the amounts of Rs. 12,000/- and Rs. 4,000/- respectively. The date of payment was October 8, 1952, but by a subsequent agreement dated November 18, 1952, this was extended. The agreement further provided as follows :

"The portion of the house in your side shall remain with you at a rental of Rs. 50/- per month. It was with you previously at Rs. 43/- per month. We shall not be responsible for any decrease or increase in the rental thereof. You shall have the right to let out the half portion of the shop on your side to any person at full rent..."

On May 1, 1958 respondent No. 4, the mortgagee in possession, filed a suit for foreclosure. During the pendency of this suit he let out the premises to the appel