M/S. HASTHIMAL & SONS vs P. TEJ RAJ SHARMA

The Supreme Court held that the plaintiff had the right to redeem the mortgage and obtain possession of the property, but the mortgagee retained tenancy rights due to a specific clause in the mortgage deed stating that the mortgagee would revert to being a lessee upon redemption. The Court ruled that the right of pre-emption granted to the mortgagee in the agreement dated 21.9.1981 constituted a clog on the mortgagor's right to redeem. Therefore, while the plaintiff was entitled to redeem the mortgage, the mortgagee could not be evicted immediately upon redemption due to the tenancy provisions.