JUDGMENT

K. S. Radhakrishnan, J

Leave granted.

2. The question that arises for our consideration is whether the mortgagor can induct a person as tenant in a mortgaged property, to the prejudice of the mortgagee, pendente lite, in violation of Section 52 of the Transfer of Property Act, 1882.

3. Gangabai, the grand mother-in-law of the appellant, was a mortgagee in respect of a three storied building, popularly known as –Gowardhandas Mathurdas Mohta, along with the suit premises and open space situated at Nazrul Plot Nos. which was executed by one Vijaysingh Mohta, father of Respondent Nos.2 and 3 for himself and as guardian of Respondent No.2 on 24.03.1953. A partition deed was executed by Mohta and Respondent Nos.2 and 3 on 11.1.1956.

4. Gangabai, on 01.09.1956, filed a civil suit No.3-A/1956 for enforcing the mortgage in the court of the First Additional District Judge, Amravati. On 02.03.1960, Gangabai also purchased the ½ share in the property belonging to Mohta, with the leave of the court in auction. The auction was confirmed by the court on 21.09.1960 in favour of Gangabai after rejecting the objections raised by Respondent Nos.2 and 3. On 25.11.1960 Gangabai was placed in joint