SACHALMAL PARASRAM Vs. RATNABAI

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the High Court of Madhya Pradesh dismissing the appeal filed by the appellant before us. The relevant facts for the determination of the points raised before us are as follows:

(2.) Respondents Nos. 1, 2 and 3, who were the owners of the premises in dispute, mortgaged the premises in favour of respondent No. 4, with possession, vide two mortgage deeds dated December 5, 1947 and October 26, 1948, for the amounts of Rs. 12,000/- and Rs. 4,000/- respectively. The date of payment was October 8, 1952, but by a subsequent agreement dated November 18, 1952, this was extended. The agreement further provided as follows:

(3.) The learned counsel for the appellant submitted that respondent No. 4, being the mortgagee in possession, had the right to let the premises in dispute both under S. 76 of the Transfer of Property Act, and under the agreement dated November 18, 1952. According to him, this act was an act of prudent management and was binding on the respondents Nos. 1, 2 and 3. He further contended that he was protected by the provisions of the Madhya Pradesh. Accommodation Control Act, 1961, and could not be evicted except in accordance with the provisions of that Act.