Mortgagee of leasehold rights cannot outlast valid lease termination or block the lessor's re-entry rights.

A mortgagee of a lessee's leasehold interest cannot resist eviction by the lessor where the lease reserves an express right of termination and re-entry on default. The mortgagee takes only the lessee's limited interest and cannot acquire a better title than the lessee; consent to mortgage, given subject to the lease terms, does not enlarge that interest. Once the lease is validly terminated and possession is recovered under the governing tenancy regime, the mortgagee's security interest does not survive independently against the lessor. The note therefore emphasises that contractual and statutory rights of the lessor prevail over the mortgagee's derivative claim.

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Issues: Whether the petitioner, as mortgagee of the lessee's leasehold interest, could resist eviction and termination of the lease by the lessor on the ground that no separate notice was issued to it.

Analysis: The lease deed reserved in the lessor an express right to terminate the lease and re-enter on specified defaults. The lessor had also granted consent to mortgage only subject to its rights under the lease. The mortgagee derived its interest from the lessee and could not acquire a better title or higher right than the lessee. Once the lessee's lease was validly terminated and possession recovered under the governing tenancy regulation, the mortgagee's security interest could not survive independently against the lessor.

Conclusion: The petitioner had no enforceable right to challenge the eviction or to claim a superior interest over the lessor. The decision to terminate the lease and take possession was not liable to interference.

Final Conclusion: The writ petition failed because the mortgagee was bound by the lessee's limited leasehold interest and could not defeat the lessor's contractual and statutory rights.

Ratio Decidendi: A mortgagee of leasehold rights cannot assert any right greater than that of the lessee, and where the lease reserves a valid right of termination and re-entry in favour of the lessor, the mortgagee cannot prevent enforcement of those rights.

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