1. This appeal arises out of a suit for eviction and arrears of rent, Defendant Harilal Bhagwanji mortgaged with possession the house in suit to the plaintiff Hem-shanker Umiyashanker for Rs. 7500/- by a deed of mortgage, Ex 5, dated 23-8-52. The mortgage sum was to carry interest at nine per cent, and the principal sum and interest were charged on the mortgaged property and the period for redemption was fixed at one year. A portion of the house was already in the occupation of the plaintiff as the defendants tenant on a monthly rental of Rs. 15/- and another portion was let out to one Mansukhlal on Rs. 17/- a month, the defendant himself occupying the remaining part of the house. Simultaneously with the mortgage, by a rent note Ex. 6, executed on the same day, the portion of the house in the defendants occupation, was leased back to him by the plaintiff for a term of six months, the rent stipulated being Rs. 24-4-0 per month. The plaintiff sued the defendant for possession of the said portion and for arrears of rent on the strength of the rent note. The defence was that the rent note was a nominal document executed for securing payment of interest, that no relationship o