KAN SINGH, J.—The question falling for consideration in the second appeal before us is whether a tenant inducted on the mortgaged property by a mortgagee in possession could invoke the protection of sec. 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, hereinafter to be referred as the "Act"., as against the mortgagor, after the latter had redeemed the mortgage and it has arisen in this way:

2. Respondent Shanker Lal had mortgaged his shop situate at Hanumangarh with Dwarkadass by a registered mortgage deed on 14-9-53. In terms of the mortgage Dwarkadass was put in actual possession of the shop. Thereafter he let out the shop to the appellants Ghamandiram & Sohanlal. After some time Shankerlal demanded from Dwarkadass vacant possession of the shop, as he was prepared to pay off the mortgage debt. Dwarka Dass, however, could not do so on the sole ground that the physical possession of the mortgaged shop was not with himself, but with the defendants Ghamandi Ram and Sohanlal. Shankerlal consequently brought the suit against the mortgagee and the tenants in the court of Civil Judge, Hanumangarh, and deposited the mortgage amount in the court. Dwarka Dass, however,

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