- (1.) Defendant Dalbir Singh (since deceased and represented by legal representatives) having failed in both the courts below has filed this second appeal.
(2.) Respondents/plaintiffs Jagdip Singh and Kuldip Singh filed suit for possession of the suit property by redemption of mortgage thereof. Plaintiffs' case is that their predecessor-in-interest Amarjit Singh had mortgaged the disputed shop with possession with defendant Dalbir Singh vide registered mortgage deed dated 6.8.1979 for Rs. 10,000/-. The plaintiffs have purchased the disputed shop from Amarjit Singh vide sale deed dated 7.9.1984 for Rs. 20,000/-. Accordingly, the plaintiffs have become mortgagors of the suit property and defendant is in possession thereof as mortgagee. The plaintiffs sought possession of the suit property by redemption of the mortgage.
(3.) The defendant alleged that he was already in possession of the disputed property as tenant prior to the mortgage and he would continue to be tenant after redemption of the mortgage. The defendant relied on rent receipts as well as rent agreement dated 6.12.1979 in this regard executed by plaintiffs' predecessor Amarjit Singh. It was thus pleaded that on redemption of mortgage, the plaintiffs would not be entitled to actual possession of the suit property.;