Section 62 The Transfer of Property Act, 1882

 

 Section 62 The Transfer of Property Act, 1882: 

 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 1[together with the mortgage-deed and all documents relating to the mortgaged property which are in the possession or power of the mortgagee],—

(a) where the mortgagee is authorized 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 2[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 3[the mortgage-money or the balance thereof] or deposits it in Court as hereinafter provided.

Supreme Court of India Important Judgments And Leading Case Law Related to Section 62 The Transfer of Property Act, 1882: 

Singh Ram (D) Tr.Lr vs Sheo Ram & Ors on 21 August, 2014

Prithi Nath Singh And Others vs Suraj Ahir And Others on 4 May, 1962

Prithi Nath Singh And Ors. vs Suraj Ahir And Ors. on 10 December, 1962

Tara Chand vs Sagarbai @ Chaiyalibai on 9 May, 2007

Raj Narain Pandey & Ors vs Sant Prasad Tewari & Ors on 31 October, 1972

Shah Mathuradas Maganlal & Co vs Nagappa Shankarappa Malage & Ors on 23 March, 1976

Thakar Singh (D) By Lrs. & Anr vs Mula Singh(Dead) Thr.Lr. & Ors on 14 October, 2014

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