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1982 Supreme(Raj) 157

K.S.SIDHU
GAURI SHANKAR – Appellant
Versus
KAPOOR CHAND – Respondent


Advocates Appeared:
B.P.AGRAWAL, G.S.BAVA, O.P.GARG, S.M.MEHTA

Judgment


K. S. SIDHU, J.

( 1 ) THE only point which falls for determination in the four connected petitions for revision under Section 115 C. P. C. listed above, is whether a tenant inducted into possession by a usufructuary mortgagee retains his status as a tenant even after the redemption of mortgage by the mortgagor and is as such, entitled to the protection of the Rajasthan Premises (Control of Rent and Eviction Act, 1950. It has arisen in the following circumstances.

( 2 ) KAPOOR Chand and others (respondents 1 to 10 herein), the mortgagors, hereinafter collectively called the decree-holder, obtained a final decree in a suit for redemption against Ghisilal and others (respondents 11 to 13 herein), hereinafter called the mortgagees, in respect of a building, situate in Jaipur city, on March 6, 1982. Between 1959 and 1973, when the mortgage was still continuing, the mortgagees inducted into possession from time to time Ramchandra (petitioner in C. R. No. 307 o 1982), Janwar Mal (petitioner in C. R. No. 309 of 1982), Abdul Rashid (petitioner in C. R. No. 308/1982) and Gauri Shankar (petitioner in C. R. No. 305 of 1982), as respective tenants, into foot different portions of this

















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