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1980 Supreme(MP) 238

R.C.SHRIVASTAVA
RAMPRASAD MADDULAL VAISHYA – Appellant
Versus
BADRILAL PANNALAL – Respondent


Advocates Appeared:
A.K.Shivastava, J.P.SHRIVASTAVA, R.D.Jain,

JUDGMENT :

( 1. ) THIS second appeal was admitted for hearing only on the following substantial question of law-

"can, in a suit for redemption of an anomalous mortgage as here, the tenant inducted by the mortgagee on the mortgaged property of which he held vacant possession under the terms of the mortgage, be legally made to deliver vacant possession of the mortgaged property to the mortgagor on redemption of the mortgage?"

( 2. ) THE facts are as follows. By a registered deed dated 20-5-1960, the respondent No. 1 Badrilal mortgaged with possession certain premises, described as shop, situated at Sheopur Kalan, with the respondent No. 2 mathuralal for a consideration of Rs. 5,000. The terms of the mortgage provided that the mortgagor would be entitled to get back possession of the. shop on redemption. It was an anomalous mortgage. Afterwards, the mortgagee let out the shop to the appellant Ramprasad on monthly rent of Rs. 70 and placed him in possession thereof. Thereafter, the mortgagor, i. e. the respondent No. 1 instituted the suit, out of which this second appeal has arisen, against the mortgagee, i. e. the respondent No. 2 Mathuralal and the tenant Ramprasad, i. e. the appellant



















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