usufruct mortgage created under the mortgage deed, Exhibit 40 before the expiry of the mortgage period mentioned therein with the result that the mortgage with ... mortgagee during the sub-sistence of the mortgage, merely because the mortgage was redeemed earlier by the act of the parties, the tenancy would
contention that the expression 'mortgagee in possession, includes a tenant from such a mortgagee any force. A mortgagee in possession is excluded from ... with the termination of the mortgagee's title. The mortgagee by creating a tenancy becomes the lessor of the property but his interest
with the termination of the mortgagee's title. The mortgagee by t creating a tenancy becomes the lessor of the property but his interest ... inducted by the mortgagee remains a tenant during the continuance of the mortgage and on the redemption of the mortgage the tenancy comes
Lease of mortgaged
premises by mortgagee beyond the term of the mortgage-
Mortgagee not authorised to create such tenancy-Whether
mortgagors entitled to possession ... mortgage purporting to be a
possessory mortgage, the mortgage deed provided for payment
of interest and for the mortgagee to demand repayment of the
mortgage
mortgagor, after the mortgage, necessarily attorns to the mortgagee and thereby becomes a tenant of the mortgagee, unless his tenancy has been ... inducted by the mortgagee remains a tenant during the continuance of the mortgage and on the redemption of the mortgage, the tenancy comes
lessee, sub-lessee, mortgagee or sub-mortgagee or in good faith believing himself to be lessee, sub-lessee, mortgagee, or sub-mortgagee of land ... tenant, whether the tenancy be a true tenancy or lease, or what we might call a mortgage tenancy, or what might be described
tenants prior to the mortgage and that the mortgage debt was extinguished.
3. The learned Trial Judge held that the mortgage-debt was extin guished ... mortgage, mortgage by conditional sale, [usufructuary mortgage, English mortgage, mortgage by deposit of title-deeds and anomalous mortgage. Section 25A of the Bombay Tenancy
mortgagee Jagannatha Iyengar's interest lasts only so long as the mortgagee is not paid off and on redemption of the mortgage, the mortgage ... after the mortgage, necessarily attorns to the mortgagee he becomes a tenant of the mortgagee. In such an event, unless his tenancy has been
mortgagor, after the mortgage, necessarily
attorns to the mortgage and thereby becomes a tenant of
the mortgagee, unless his tenancy has been ... inducted by the mortgagee remains a
tenant during the continuance of the mortgage and on the
redemption of the mortgage, the tenancy comes
submitted that there was surrender of the tenancy and there was merger of tenancy rights in the mortgagee's rights. He submitted as appears ... relationship of mortgagee and mortgagor by execution of the Mortgage Deed and in particular the Deed of Mortgage creating usufructuary mortgage.
25. Dealing with
