SUNITA JUGALKISHORE GILDA Vs. RAMANLAL UDHOJI TANNA

JUDGEMENT

(1.) Leave granted.

(2.) The question that arises for our consideration is whether the mortgagor can induct a person as tenant in a mortgaged property, to the prejudice of the mortgagee, pendente lite, in violation of Section 52 of the Transfer of Property Act, 1882.

(3.) Gangabai, the grand mother-in-law of the appellant, was a mortgagee in respect of a three storied building, popularly known as -Gowardhandas Mathurdas Mohta, along with the suit premises and open space situated at Nazrul Plot Nos. which was executed by one Vijaysingh Mohta, father of Respondent Nos.2 and 3 for himself and as guardian of Respondent No.2 on 24.03.1953. A partition deed was executed by Mohta and Respondent Nos.2 and 3 on 11.1.1956.