GOPALAN KRISHNANKUTTY vs KUNJAMMA PILLAI SAROJINI AMMA & ORS.

The Supreme Court held that in a suit for redemption of a mortgage, the defendant's possession as a lessee does not automatically surrender upon the execution of a mortgage. The Court emphasized that the nature of possession and the question of surrender are factual determinations, referencing Shah Mathuradas Maganlal & Co. v. Nagappa Sankarappa Malage [(1976) 3 SCC 660] and Gambangi Appalaswamy Naidu v. Behara Venkataramanayya Patro [(1984) 4 SCC 382]. The Court upheld the High Court's decision that the defendant must restore possession to the plaintiff upon redemption of the mortgage, as there was no evidence of surrender of the lease rights.