AMEENUDDIN Vs. MOHAMMAD KHADER ALI

JUDGEMENT

(1.) IN the course of the execution of a final decree for redemption, the Petitioner Syed Aminuddin intervened with an objection that he being in occupancy of the mortgaged house as a tenant of the usufructuary mortgagee, was not liable to be evicted unless and until the procedure embodied in the Hyderabad Rent Control Order was adopted and an order for eviction obtained from the Rent Controller.

(2.) THE learned Fourth Judge of the City Civil Court has by his order of 28 -9 -1951, over ruled the contention. The objector has now come up before us in revision.

(3.) IT has been held by the Supreme Court in the case of - Mahabir Gope v. Harbans Narain Singh : AIR 1952 SC 205, that the general rule is that a person cannot by transfer or otherwise, confer a better title on another than he himself has and therefore a mortgagee cannot create an interest in the mortgaged property which will ensure beyond the termination of his interest as mortgagee. It follows that he may grant leases not extending beyond the period of a mortgage; any lease granted by him must come to an end at redemption. A mortgagee cannot during the subsistence of the mortgage, act in a manner detrimental to the mortgagor's interest such as giving t a lease which may enable the tenant to acquire occupancy rights in the land thereby, defeating the mortgagor's right to khas possession.