10A. Power of court to direct mortgagee to pay mesne profits.- Where in a suit for foreclosure, the mortgagor has, before or at the time of the institution of the suit, tendered or deposited the sum due on the mortgage, or such sum as is not substantially deficient in the opinion of the court, the court shall direct the mortgagee to pay to the mortgagor mesne profits for the period beginning with the institution of the suit.
HIGH COURT AMENDMENTS
Bombay.- In Order 34 for the existing Rule 10-A, the following rule shall be substituted, namely:
“10-A cost of mortgaged subsequent to decree.- In mortgage suit where under the mortgage the possession of the mortgaged property is with the mortgagee, the mortgagor may tender or deposit, before or at the time of the institution of the suit, or during the pendency of the same, the sum due on the mortgage. The tender by the mortgagor must be in writing. Notice of any such deposit shall be given by the Court to mortgagee. If the sum so tendered or deposited is in the opinion, of the Court, substantially sufficient to satisfy the mortgage, the Court shall direct the mortgagee to pay to the mortgagor, mesne profits as may be determined from the date of such tender or notice of deposit till the actual delivery of possession by the mortgagee to the mortgagor.” Mah. Government Gaz. 31.12.1987 Pt. IV Ka.
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