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Section 62State of Jammu-Kashmir Act

Section 62: Right of usufructuary mortgagor to recover possession

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] [Inserted by Act VI of Samvat 1996.],-

(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 any part thereof a part only of the mortgage-money] [Substituted for the words 'the interest principal money' Act VI of Samvat 1996.],-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] [Substituted for the words 'the principal money' Act VI of Samvat 1996.] or deposits it in Court as hereinafter provided.

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