1996 INSC 0300
                                              A. Arumugam Chettiyar

                                                           Vs

                                      Lokanayakammal (Smt) and Another

                                          Civil Appeal No. 146 of 1995

                                                      13.02.1996

                                                        ORDER

1. The appellant was put in possession of the house in dispute as a tenant in the year 1971. The
landlord mortgaged the house with the tenant by a deed dated 28-4-1977. 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.

2. It is not necessary for us to go into the question in detail as the principles have been
authoritatively settled by this Court in Shah Mathuradas Maganlal & Co. v. Nagappa Shankarappa
Malage ((1976) 3 SCC 660 : AIR 1976 SC 1565), Gambangi Applaswamy Naidu v. Behara
Venkataramanayya Patro ((1984) 4 SCC 382 : AIR 1984 SC 1728), Nand Lal v. Sukh Dev (1987
Supp SCC 87) and in Nemi Chand v. Onkar Lal ((1991) 3 SCC 464 : AIR 1991 SC 2046). 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.

3. The appeal is dismissed. No costs.