1. This appeal has been filed by the defendant No. 1/mortgagee against the judgment and decree dated 19.7.2001 passed by Additional District Judge, Sheopurkalan, in Civil Appeal No. 12-A/99, whereby learned Additional District Judge affirmed the judgment and decree of the trial Court, dated 24.12.1998, passed by Second Civil Judge Class II, Sheopurkalan, and dismissed the appeal of the mortgage.

2. The facts of the case are that Kapoorchand (hereinafter referred to as 'mortgagor') (since deceased) mortgaged suit house vide registered mortgage deed dated 13.10.1983 in favour of Durgaprasad, appellant defendant No.1 (hereinafter referred to as 'mortgage'). There was a stipulation in the mortgage deed that if mortgage amount was not returned to the mortgage within the period stipulated then the mortgage will be within his right to get the sale deed executed and the mortgage deed would be treated as "an agreement to sell". The house was mortgaged for Rs. 10,000/- and Kapoorchand had taken the house on rent. The possession of the mortgaged house was with Kapoorchand. The appellant-defendant No. 1 (mortgage) filed a suit for eviction and arrears of rent against Kapoorchand which w