BHARAT BHUSHAN Vs. RAM LAL

JUDGEMENT

(1.) THE mortgagor has filed this revision petition against the order dated 26-8-1991 passed by the Sub-Judge, Ist Class, palwal, dismissing his application dated 28-8-1989 for extension of time to deposit the redemption money in terms of the decree dated 29-10-1981.

(2.) IN this case, the mortgaged property is a shop. The mortgagee (respondent herein)was in possession of the shop as a tenant @ rs. 25/- per month prior to the creation of the mortgage in question in the year 1972 by Khiloni Ram, the predecessor of the petitioner, for an amount of Rs. 5,000/ -. There was a specific condition in the registered mortgage deed that in case of redemption of the mortgage, the original position will revive and the mortgagee will remain in possession of the shop as a tenant.

(3.) AFTER the death of Khiloni Ram, the petitioner filed a suit for possession by way of redemption on 27-11-1980. The petitioner filed the said suit as minor through his guardian. The said suit was partly decreed on 29-10-1981 by holding that the petitioner is entitled to redeem the mortgage on payment of the mortgaged amount of Rs. 5,000/-to the mortgagee till 1-12-1981. However, it was made clear that the mortgagor was not entitled to the actual physical possession of the shop in question and on redemption of the mortgage, he was to get only the symbolic possession and the mortgagee will continue in possession of the shop as a tenant under the mortgagor on the terms of the tenancy agreed between them originally.