( 1 ) "whether a tenant inducted by a mortgagee in possession can claim the benefit of the protection afforded by the Rent Control Legislation after,the redemption of the mortgage ? Is the question which has been referred to this Full Bench for decision.

( 2 ) IN Amar Prakash and Another v. Om Prakash Execution Case No. 83/73 decided on May 10, 1974 (1), a learned single Judge had held that the mortgagee in possession could not transfer a boter title than he himself had. He could not create an interest in the mortgaged property which may enure beyond the termination of the interest as mortgagee. The tenancy created by the mortgagee terminates with the extinction of the mortgage Right of mating prudent management was co-terminus with his mortgagee rights. The tenant of the mortgagee in possession was little to vacate the mortgaged property on redemption. The decision was upheld in appeal by a Division Bench of this Court in Gurhachan Singh v. Amar Prakasi and others (EFA (OS) 6/74) decided on January 27, 1975 (2 ). However, in Tara Chard and Another, v. Ganga Ram and others (Ex. Case No. 28/69 decided on March 10, 1977 (3), out of which this reference has arisen same