Amit Rawal, J.

C.M. No.7907-C of 2010

The application for impleading the legal representatives of deceased-respondent No.15 is allowed subject to all just exceptions. Registry is directed to carry out amendment to the memo of parties.

RSA No.835 of 1987 (O&M)

2. The questions for discussion arise in this second appeal are :-

(i) Whether the appellant/plaintiff/mortgagor can seek possession of the tenants allegedly inducted by the mortgagee?

(ii) Whether the tenants already in occupation of the premises can be directed to surrender possession to the mortgagee on redemption of the mortgage?

3. In order to answer the aforementioned questions, it would be apt to give a brief pre-face of the matter. The appellant-plaintiff instituted a suit for redemption of the mortgage dated 11.05.1953, Ex.P13. The mortgagor was none else but the appellant and the mortgagee was Nathe. On 11.05.1953, the plaintiff No.1-Khichu Mal and his brother Nanak Chand mortgaged the shop mentioned as per the site plan attached with the suit to Nathe son of Jaisukh @ Ghosi, resident of village Mohla, Tehsil Ballabhgarh, Distt. Faridabad for a sum of Rs.7350/-. Later on, Nathe had expired and his heirs, defendant