BACHHULAL Vs. GHISIBAI

JUDGEMENT

(1.) THE facts giving rise to this revision application are very simple.

(2.) THE opponent No. 2 executed a mortgage with respect to the house in suit in favour of opponent No. 1, Ghisibai on 23 -5 -1949. The mortgage was a possessory mortgage and in token of delivery of possession, the opponent No. 2 executed a rent -note and continued to occupy the house as her tenant. Subsequently the opponent No. 2 vacated the house and delivered possession of it to the petitioner Bachhulal.

(3.) THE opponent No. 2 admitted the claim but the petitioner contested the suit. He denied the mortgage transaction under which the plaintiff claimed to be in possession of the house in dispute. He also denied the execution of rent -note by defendant Balchand and the plaintiff's allegation that Balchand was her tenant and that the petitioner was a sub -tenant.