The TRANSFER OF PROPERTY ACT, 1882

OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES

Section 62: Right of usufructuary mortgagor to recover possession.

In the case of a usufructuary mortgage, the mortgagor has a right to recover possession of the property together with the mortgage- deed and all documents relating to the mortgaged property which are in the possession or power of the mortgagee.—

(a) where the mortgagee is authorised to pay himself the mortgage-money from the rents and profits of the property.—when such money is paid:

(b) where the mortgagee is authorised to pay himself from such rents and profits or arty part thereof a part only of the mortgage-money,—.when the term (if any), prescribed for the payment of the mortgage-money has expired and the mortgagor pays or tenders to the mortgagee the mortgage-money or the balance thereof or deposits it in Court as hereinafter provided.