Cpc G. Surya Narayanan Mhc Advt: Quote provision for the situation:

[6/25, 17:37] Cpc G. Surya Narayanan Mhc Advt: Quote provision for the situation:

1. Mortgagee has a right to sue for mortgage money when mortgagor binds to repay, when mortgaged property is wholly or partly destroyed, mortgagee deprived of property by wrongful act of mortgagor, when mortgagee entitled to possession fails to deliver possession by mortgagor or disturbance by person having better title, but not from transferee or his legal representatives
2. Suit for recovery can be stayed until the mortgagee has exhausted all his available remedies against property or abandons security
3. Mortgagee have power to sell mortgaged property in default of payment of mortgage money, when it is English mortgage subject to clause (a), when power conferred by mortgage deed and property within cities as mentioned in clause (c)
4. Such power to be exercised only after notice in writing for payment of principal money or part thereof , interest above rs500/- due for for three months, for three months after such service
5. Sale in professed exercise of power under S.69, title of purchaser not impeachable that no case arisen to authorise sale, due notice not given, power improperly or irregularly exercised, but person damnified by unauthorised, improper, irregular exercise shall have remedy in damages against person exercising power
   [6/25, 21:51] Cpc G. Surya Narayanan Mhc Advt: 1. Section 68-2016(2) scc 123; Air 1964 Sc 1295
6. Section 68(2)- Air 1970 Mad 337;70 LW 303
7. Section 69(1)-manu/TN/1024/2013; Air 1977 sc 774
8. Section 69(2) -2015(2) Ctc 769; 1998(7) scc 184
9. Section 69(3)- Air 2008 mad 10; 2013(1) Ctc 61
   [6/27, 18:26] Cpc G. Surya Narayanan Mhc Advt: Quote provision for the situation:
10. Mortgagee receiving money out of sale after discharge of prior encumbrance, first to all costs, charges and expenses for sale and for discharge of mortgage money and residue to be paid to person entitled to mortgaged property
11. Mortgagee having right of sale is entitled to appoint in writing, a receiver of income of mortgaged property or any part thereof
12. Mortgagee can apply to court to appoint receiver
13. Mortgagor responsible for acts and default unless otherwise provided otherwise under mortgage deed
14. Receiver entitled to recover income by suit, execution and to give valid receipt
    [6/27, 21:21] Cpc G. Surya Narayanan Mhc Advt: 1. Section 69(4)- 2018(5) MLJ 115; 2019(4) LW 11
15. Section 69 A(1)- 2011(1) Ctc 628; 2019(2) Scc 198
16. Section 69 A(2)- Air 1954 Mad 897; Air 1965 Mad 185
17. Section 69 A(3)-Air 1963 Mad 449;
18. Section 69 A(4)-2004(7) Scc 151; 2013(9) Scc 620
    [6/28, 18:51] Cpc G. Surya Narayanan Mhc Advt: Quote provisions for the situation:
19. Person paying money to receiver need not inquire if receiver appointment is valid or not
20. Receiver entitled to retain money for his remuneration, cost, charges and expenses not exceeding 5% on gross amount or such rate court allows on application made for that purpose
21. Receiver shall insure the mortgaged property against loss or damage on written requests by mortgagee
22. Receiver shall apply money received from insurance for discharge of rents, tax, land revenue, rates, outgoing, all annual payments, interest on principal money, discharge of principal money, and pay residue to person entitled to receive
23. application can be made to court without filing suit for advice or direction on management and administration of mortgaged property, other than questions of difficulty or importance not proper for summary disposal in the opinion of court