S.NATARAJAN, SABYASACHI MUKHARJEE
Nand Lal – Appellant
Versus
Sukh Dev – Respondent
(1) THIS is an appeal arising from the decision of the High court of Rajasthan. The question posed before the High court was as follows:
WHETHER the relationship of landlord and tenant must be treated to have come to an end when the lessees accepted new relationship and became mortgagees of the same property which they were holding as tenants ?
(2) THE plaintiff-respondent herein instituted a suit for redemption and for recovery of possession in the court of Munsif. Shahpura against the appellants 1 to 3. The trial court framed the necessary issues and recorded evidence of the parties. Thereafter vide its judgment dated 26/03/1976, it decreed the suit for redemption but declined the relief for possession. Feeling dissatisfied with the judgment of the trial court, insofar as it related to the refusal of the relief for possession, the plaintiff went in appeal. The learned District Judge, Bhilwara by his judgment dated 13/04/1977, accepted the appeal whereby granting the relief for possession of the shop also. Thereafter the respondents went up in appeal before the High court. After referring to the relevant clauses of the mortgage deed and the facts of the case, th
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