DHARAMBIR Vs. RISAL SINGH

JUDGEMENT

(1.) PLAINTIFF -petitioner has filed this revision against lower appellate Court's order dated November 16, 1995, whereby trial Court's order dated August 7, 1995 is affirmed, dismissing his petition filed under Order 39, Rules, 1 and 2 C. P. C.

(2.) BRIEF facts of the case are that the plaintiff filed a suit for permanent injunction alleging that he is occupying the suit land in the capacity of Gair Marusi tenant on payment of Rs. 1200/- in cash as land revenue. The defendants threatened to interfere in his possession and to evict him forcibly without any right, title or interest. Defendant No. 12 Om Parkash filed an application for ejectment of the plaintiff, which was dismissed on September 12, 1994.

(3.) THE defendant-respondents submitted that on the redemption of the mortgage the tenancy created by the mortgagees in favour of the plaintiff automatically extinguishes. Respondents' counsel placed reliance on Jadavji Purshotam v. Dhami Navnitbhai Amaratlal and Ors. , A. I. R. 1987 S. C. 2146.