MANGALAS VELJI AND CO Vs. MOHAN KUMARI

JUDGEMENT

(1.) . This appeal is directed against the judgment and order dated 8th January, 2002, of the Additional District Judge, Delhi, whereby the learned Judge, while dismissing the appeal filed by the appellant against the judgment and decree dated 23rd January, 1990, upheld the judgment of the trial court holding that the trial court was right in passing the decree of possession.

(2.) Brief facts of the case, as noted by the learned Additional District Judge, are as follows :

(3.) It is argued by learned counsel for the appellant that it is not permissible to permit the mortgagee to redeem the property by way of adjustment of rent/interest/profits thereon. He further submits that even if redemption in the above-said manner is permissible, a suit for redemption and possession does not lie. He also submits that for reasons that the redemption have already taken effect, no suit to redeem the property would be maintainable. He further submits that even if it is taken that the suit property stands redeemed, the tenancy created in favour of the appellant by virtue of mortgage is a separate issue which survives even through the property stands redeemed. He further submits that after redemption of property it is not permissible to grant future mesne profits on account of possession not being handed over.