MANGAL RAM Vs. LACHHMI NARAIN AND OTHERS

JUDGEMENT

(1.) This judgment disposes of R.S.A.No.137 of 1979 and R.SA.No.975 of 1979. These appeals are directed against the judgment and decree of the first appellate Court affirming on appeal those of the trial Judge, whereby preliminary decree for redemption of the disputed shops was passed in favour of the successors-in-interest of the plaintiff. Facts first:

(2.) Brij Lal mortgaged the shops in dispute to Baini Parshad defendant-respondent No.]3 on Feb. 28, 1955 for Rs. 6,500.00. The heirs of Brij Lal, namely, Mst.Nihalo Devi widow and six sons - Lachhmi Narain, Hari Bakhsh, Radha Kishan, Mohan Lal, Rattan Lal and Ravi Shanker of Brij Lal deceased, filed suit for possession of two shops in dispute by way of redemption. Yash Pal and Mangal Ram were arrayed as defendants being in occupation of the shops under the mortgagee. The date of mortgage and the mortgage amount was not disputed.The only dispute was whether Yash Pal and Mangal Ram were inducted as tenants by the mortgagor. Their plea was that they were inducted by the mortgagor and their tenancy could only be terminated under the provisions of the East Punjab Urban Rent Restriction Act and they could not be dispossessed under the decree for possession by redemption passed by the Civil Court.

(3.) The pleadings of the parties gave rise to the following issues: