VIMAL CHAND RAMSWAROOP Vs. NIRMAL CHANDRA BABOORAM

JUDGEMENT

(1.) THE short question which arises for determination in this Revision Petition is as to whether a tenant acquiring mortgagee rights would cease to have the status of tenant when mortgage is redeemed. The brief facts for the purpose of disposal of this petition be noticed : The present petitioner was admittedly a tenant on shop in dispute. He became a mortgagee under a mortgage deed dated 19th April, 1973. The relevant conditions on which reliance is being placed are conditions Nos. 1, 2, 3, 4. The purport of these conditions are as under :

(2.) THESE conditions merely specify that:

(3.) THE learned counsel for the respondent however submits that the above settled position would not be attracted to this case on account of condition No. 4 referred to above. It is argued that if a tenant agrees to certain terms and conditions and that agreement is to the effect that he would surrender the possession in terms of mortgage deed then the above settled principle of law would not be attracted.