Section 68State of Jammu-Kashmir Act
Section 68: Right to sue for mortgage-money
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 ;(d)
where, the mortgagee being entitled to possession of the mortgaged property, the mortgagor fails to deliver the same to him, or to secure the possession thereof to him without disturbance by the mortgagor or any person claiming under a title superior to that of the mortgagor :(2)
Where a suit is brought under clause (a) or clause (b) of subsection (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.]Previous
Sec 67A — [ Mortgagee when bound to bring one suit on several mortgages. [Section 67-A added and section 68 substituted ibid.]
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Sec 69 —
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