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1The Transfer of Property Act, 1882

( ACT NO. IV OF 1882 )

Chapter IV

OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES

Rights and Liabilities of Mortgagor

Right of usufructuary mortgagor to recover possession
62. 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 mortgage,-
 
 
(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 – 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.

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    Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “Tk.” were substituted, for the words “Pakistan”, “Central Government” or “Provincial Government” and “Rs.” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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