JADAVJI PURSHOTTAM vs DHAMI NAVNITBHAI AMARATLAL & ORS.

The Supreme Court ruled that under the Saurashtra Rent Control Act, 1951, a mortgagee cannot create a tenancy beyond the term of the mortgage, and upon redemption, the mortgagors are entitled to possession. The Court held that the appellant, as a tenant inducted by the mortgagee, could not claim tenancy rights against the mortgagors after the mortgage was discharged. The execution proceedings were deemed maintainable against the appellant, who was not a necessary party to the suit, as his possession was akin to that of a sub-lessee.