Judgement

NATARAJAN, J. :- This appeal by certificate under Article 133 of the Constitution is directed against a judgment of the High Court of Gujarat in an appeal arising from the execution proceedings. The appellant is a tenant inducted to the ground floor of a building in Bhavnagar by a mortgagee in possession and the question for consideration is whether the mortgagors are entitled to dispossess him by reason of the redemption of the mortgage debt.

2. For a full and effective understanding of the issues involved in the case a maze of details have to be gone through and we will, therefore, advert ourselves to that task. In July 1947 Dhami Navnitbhai Amaratlal, the first respondent, acting for himself and his minor son mortgaged a house property with possession to a business firm known as Bhagwan Das Chagan Lal to secure repayment of a loan of Rs. 21,000/- The ground floor of the house was, however, already in the occupation of a tenant, Nandlal Hansji and hence the mortgagors endorsed the rent deed executed by Nandlal Hansji to the mortgagee for the remaining period of the lease. They also authorised by the moregagee to give on rent the house property to anyone. Under clause 10 o