MAHABIR CHAUBE Vs. DIP NARAIN CHAUBE

JUDGEMENT

(1.) THE holders of a certain occupancy holding mortgaged their rights with possession before the passing of the present Tenancy Act. After they had done so, they took a permanent lease of the holding from the zemindar and transferred their rights under the lease to a certain person who proceeded to redeem the mortgage. A learned Judge of this Court has held that he had a right to redeem the mortgage. We agree with this view. It is clear that the occupancy tenancy determined when a permanent lease came into being. But it was not open to the lessees, under the permanent lease or their transferees, to render the mortgage null and void as against the mortgagees. It was, however, open for them or their transferees to redeem the mortgage. This is what the learned Judge has decided. We dismiss this appeal with costs.