B. J. DIVAN, D. A. DESAI, S. N. PATEL, J.

( 1 ) IN Letters Patent Appeal No. 52 of 1972 a Division Bench consisting of myself and P. D. Desai J. has on July 5 197 referred the following three questions to a larger Bench and this Full Bench has been constituted because of that reference: (1) Whether under sec. 76 (a) of the Transfer of Property Act a lease created by the mortgagee in possession of an urban immovable property would be binding on the mortgagor after redemption of mortgage assuming that the lease is such as a prudent owner of property would have granted in usual course of management ? (2) Whether even apart from sec. 76 (a) of the Transfer of Property Act a lease created in exercise of a general power to grant a lease expressly conferred on the mortgagee under the mortgage deed would be binding on the mortgagor after redemption of the mortgage ? (3) Whether a tenant inducted on the property by a mortgagee with possession whose tenancy is not binding on the mortgagor after redemption of the mortgage would still be protected under the provisions of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 ?

( 2 ) LETTERS Patent Appeal No. 201 of 1971 is against the d

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