SONI AMRATLAL GOVINDJI Vs. SONI PREMCHAND POPATLAL

JUDGEMENT

(1.) These two Second Appeals arise out of the common judgment in two Civil Appeals Now. 55 of 1976 which arose out of the common judgment in Regular Civil Suits Nos. 136 and 137 of 1972 which were consolidated.

(2.) The respondent is the auction purchaser of the two suit premises (equity of redemption which were mortgaged by the original owner Prabhatsinh with the present appellant No. 1 Amratlal Govindji in the years 1962 (ex. 24) and 1964 (ex. 25). The plaintiff contended that he had paid the mortgage debt to the defendant No. 1 the mortgagee and the mortgage has been redeemed and inspite of such redemption the defendants have continued in possession without any right title or interest and hence he prayed for a decree for possession against them.

(3.) The defendants contended that they were the tenants of the suit premises (western and eastern portion respectively) prior to the creation of the mortgage in favour of defendant No. 1 and therefore they continued to be the tenants even after the redemption of the mortgage and they cannot be required to hand over their possession as tenants except in accordance with the provisions of the Bombay Rent Act. The trial court dismissed both the suits. However the lower appellate court has decreed both the suits.