MATHURALAL vs KESHAR BAI AND ANOTHER

The Supreme Court held that the relationship between the mortgagee and mortgagor was not solely that of a mortgagee and mortgagor, as the mortgagee also held rights as a landlord under the rent note executed simultaneously with the mortgage deed. The Court ruled that the mortgagee's rights did not merge into the preliminary decree, and the subsequent suit for ejectment was maintainable despite the application for a final decree being time-barred under Section 28 of the Limitation Act, 1908. The appeal was dismissed, affirming the lower court's decision in favor of the mortgagee's right to eject the mortgagor for non-payment of rent.