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Wednesday, March 10, 2010

Tenancy created by a mortgagee cannot out lived the term of mortgage

2010(1) LAW HERALD (P&H) 225
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Ajay Tewari
RSA No.1893 of 1984
Tarsem Chand & Ors.
v.
Smt. Ved Wati & Anr.
{Decided on 21/08/2009}
For the Appellants: Mr. M. L. Sarin, Sr. Advocate with Mr. Kabir Sarin, Advocate
For the Respondents: Mr. B. R. Gupta, Advocate.
Civil Procedure Code, 1908, S.100, Transfer of Property Act, 1882, S.60--Mortgagee after getting the possession of land, leased out the same to defendant no.2--Clause 10 of lease deed prescribed that even after redemption the mortgagor could not evict him for a period of 12 years--Tenancy created by a mortgagee cannot out lived the term of mortgage--Preliminary decree was passed far back on 24.9.1981 for symbolic possession--Appellant directed to deposit the amount within six months as prescribed by trial Court and then pray for a final decree of possession by redemption--Finding of Court below to the extent that defendant no.2 would not liable for eviction on redemption set aside. (P.3 to 5)