HART RAM Vs. ANAND RAO

JUDGEMENT

(1.) ANANDRAO and Gajanandrao were brothers. They owned the suit property. These two brothers mortgaged the suit house by registered mortgage -deed dated 28 -4 -1947 in favour of Radhakishan for a sum of Rs.1,500/ -. It was a possessory mortgage. A supplementary mortgage of Rs. 800/ - was also made in favour of Radhakishan Later on there was a partition between the mortgagee Anandrao and Gajanandrao with the result that the suit house fell to the share of Anandrao. In the meanwhile the mortgagee Radhakishan, transferred his rights in favour of Ramgopal.

(2.) THE mortgagee Radhakishan, had let out two rooms on the ground floor of the mortgaged house to the present appellant Hariram as a monthly tenant on a rent of Rs. 35/ - per month. We are not concerned with the possession of the other portion of the house.

(3.) ANANDRAO filed the original suit for redemption as he had deposited the entire money and costs both payable under the mortgage on 3 -8 -1972. Anandrao also claimed possession by evicting Hariram (present appellant) from the suit premises. In this suit Ramgopal was arrayed as defendant No. 1. Laxmibai (widow of Radhakishan) as defendant No. 2, Hariram, the tenant (present appellant) as defendant No. 3 and Gajanandrao, the brother of Anandrao as defendant No. 4.