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Which kind of suit may a mortgagee bring under Section 67 of the Transfer of Property Act, 1882 after the mortgage money falls due, subject to the mortgage terms and statutory limits?

Question and options

Which kind of suit may a mortgagee bring under Section 67 of the Transfer of Property Act, 1882 after the mortgage money falls due, subject to the mortgage terms and statutory limits?

  1. Suit for foreclosure or sale

  2. Suit for redemption

  3. Suit for mesne profits

  4. Interpleader suit

Answer and explanation

Correct answer: A - Suit for foreclosure or sale

Section 67 provides for a decree of foreclosure or sale as applicable to the mortgage. The right arises after the money becomes due and before a redemption decree or payment or deposit as provided by the Act. Section 67(a) limits which mortgagees can seek each remedy.

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