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A. Arumugam Chettiyar. Vs. Smt. Lokanayakamma & Anr [1996] INSC 242 (13 February 1996)

Kuldip Singh (J) Kuldip Singh (J) Ahmad Saghir S. (J)

CITATION: JT 1996 (5) 568 1996 SCALE (2)910

ACT:

HEAD NOTE:

O R D E R

The 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.

The 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.

It is 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.

The Appeal is dismissed. No costs.

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