Satish Kumar Mittal, J.

1. Narain Dass plaintiff has filed the instant Regular Second Appeal against the judgment and decree passed by both the Courts below vide which his suit for possession by way of redemption in respect of the shop in question was dismissed.

2. The plaintiff alleged that the shop in question, which is situated whitn the municipal limits of Rohtak was mortgaged to the defendants vide Mortgage Deed dated 28/30.6.1973 for an amount of Rs. 4000/- and the possession of the same was delivered to the defendants under the said mortgage. It was further alleged that as per the stipulation in the Mortgage Deed, the plaintiff was entitled to get the shop in question redeemed from the defendants as and when desired by him on making payment of the mortagage as amount. On refusal from the defendants from redeeming the aforesaid mortgage, the plaintiff filed the instant suit for recovery of possession of the aforesaid shop by a decree of redemption on payment of the mortgaged amount of Rs. 4000/-.

3. The defendants contested the aforesaid suit. They pleaded that they were in occupation of the shop in question as tenants at a monthly rent of Rs. 140/-, and since the sho