Chettiyar. Vs. Smt. Lokanayakamma & Anr  INSC 242 (13 February 1996)
Singh (J) Kuldip Singh (J) Ahmad Saghir S. (J)
JT 1996 (5) 568 1996 SCALE (2)910
O R D
appellant was put in possession of the house in dispute as a tenant in the year
1971. The landlord mortgage the house with the tenant by a deed dated April 28, 1977.
question before the High court was whether the mortgage - deed resulted in an
implied surrender of the appellant's right in the house as a tenant. The trial
Court and the High Court have concurrently found that the terms of the
mortgage-deed conclusively show that there was implied surrender of the
tenant's rights. On the said findings the Courts below have directed the eviction
of the appellant.
not necessary for us to go into the question in detail as the principles have
been authoritatively settled Shankarappa Malaga & Ors. (AIR 1976 1565), Gambangi
The High Court on the basis of the law laid down by this Court in the above
mentioned judgments has come to the conclusion that the deed of mortgage in the
present case indicates that there was surrender of tenancy and the appellant
was only a mortgagee. We do not see any ground to interfere with the concurrent
findings reached by the Courts below.
Appeal is dismissed. No costs.