Judgment

RAY, J. :- This is an appeal by special leave against the judgment and order dated 26th November. 1984 in S. B. Civil Execution Second Appeal No. 12 of 1976 whereby the appeal was allowed and respondent was granted one year time to vacate the premises.

2. The facts giving rise to this appeal are as follows :- The respondent mortgaged the shop belonging to him to the defendants 1 to 11 on 9th May, 1950 by a registered mortgage deed. The possession of the premises was given to the mortgagees with right to collect rent from the tenant in payment of interest on the mortgage amount. The mortgagees let out the premises to the defendant petitioner during the subsistence of mortgage.

3. The respondent filed a suit for redemption of the mortgage and for vacant possession of the said shop against the mortgagees i.e. the defendants 1 to 11. The appellant who was the tenant of the shop was impleaded as party defendant 12 in the suit. The suit was decreed and the mortgage was redeemed. There was an order for giving vacant possession of the shop by the defendants 1 to 11 to the respondent i.e. the owner of the shop. In Execution case No. 125 of 1975 the tenant appellant filed an applicatio