| |||||
| 68. Right to sue for mortgage-money.- (1) The mortgagee has a right to sue for the mortgage-money in the following cases and no others, namely,- (a) where the mortgagor binds himself to repay the same; (b) where, by any cause other than the wrongful act or default of the mortgagor or mortgagee, the mortgaged property is wholly or partially destroyed or the security is rendered insufficient within the meaning of section 66, and the mortgagee has given the mortgagor a reasonable opportunity of providing further security enough to render the whole security sufficient, and the mortgagor has failed to do so; (c) where the mortgagee is deprived of the whole or part of his security by or in consequence of the wrongful act or default of the mortgagor; PROVIDED that, in the case referred to in clause (a), a transferee from the mortgagor or from his legal representative shall not be liable to be sued for the mortgage-money. (2) Where a suit is brought under clause (a) or clause (b) of sub-section (1), the court may, at its discretion, stay the suit and all proceedings therein, notwithstanding any contract to the contrary, until the mortgagee has exhausted all his available remedies against the mortgaged property or what remains of it, unless the mortgagee abandons his security and, if necessary, re-transfers the mortgaged property. | ||||
State Bare Acts | |||||
| |||||
| |||||
Home | Legal Dictionary | Law Schools | Law Digest | Bare Acts | Disclaimer | Contact Us | Useful Links | |||||
| |||||
|
Copy right : Indu Info (All rights reserved)