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 mortgagedeed 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.
Amendment notes (3)
- Ins . Ins. by s. 25, ibid.
- Subs . Subs. by s. 25, ibid., for "the interest of the principal money".
- Subs . Subs. by s. 25, ibid., for "the principal money".