T.S. Doabia, J.

1. The short question which arises for determination in this Revision Petition is as to whether a tenant acquiring mortgagee rights would cease to have the status of tenant when mortgage is redeemed. The brief facts for the purpose of disposal of this petition be noticed :

The present petitioner was admittedly a tenant on shop in dispute. He became a mortgagee under a mortgage deed dated 19th April, 1973. The relevant conditions on which reliance is being placed are conditions Nos. 1, 2, 3, 4. The purport of these conditions are as under :

(i) Condition No. 1 of the mortgage deed lays down that the interest of mortgage amount and the rent of shop would be equal.

(ii) The period of mortgage as per condition No. 2 has been ascertained as ten years. Before the expiry of the period of ten years, the mortgagor had no right to get the shop redeemed and at the same time the mortgagee was also not to have a right to get back the refund of his money.

(iii) One month's notice was required to be given to the mortgagee before getting the shop in dispute redeemed after the expiry of ten years.

(iv) Condition No. 4 is relevant and its English rendering is as under :

"After the expi