My father owned a premises which were on rent with a tenant. During the tenancy since my father required some money, the property was mortgage to the tenant. Now my father has repaid the amount to the tenant. Would it mean that the tenancy is automatically surrendered by the tenant ?
When a landlord mortgages the premises to his tenant, then no redemption of the mortgage the landlord does not ipso facto get the right to eject the tenant. When mortgage is executed the question whether the tenancy stood impliedly surrendered or not is the yardstick. If it is, the landlord gets the right to evict. There is no question of merger of the two rights, for neither of them is a higher or lesser estate.