ORDER :

1. The appellant/defendant No.1 has filed the instant First Appeal under Section 96 of the Code of Civil Procedure, 1908 being aggrieved by the judgment and decree dated 20-3-2017 passed by the Additional District Judge, Katghora, District - Korba (C.G.) in Civil Suit No.01-A/2015 whereby the learned trial Court has decreed the suit filed by the plaintiff/respondent No.1 holding that the mortgage deed dated 20-9-2006 executed between the plaintiff and defendant No.1 is null and void and the defendant No.1/appellant was directed to handover possession of the suit property within two months from the date of the judgment and decree.

2. Brief facts as reflected from the record are that the plaintiff has filed a civil suit before the learned trial court mainly contending that he is a retired SECL employee and in the year 1963 he has constructed four shops on the land belonging to the SECL for which he spent expenditure of Rs.40,000/- and since then he is in possession of that property. Subsequently, the plaintiff let out two shops out of 4 shops to the appellant/defendant No.1 in the year 2005. Neither the appellant /defendant No.1 has paid the rent nor vacated the shops. Thereaft