Registration of Title Act, 1942
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Additional provisions in respect of registered charges. |
13.—Where a person is registered (whether before or after the passing of this Act) under section 40 of the Principal Act as the owner of a charge on land, the following provisions shall have effect by way of addition to the provisions of that section, that is to say:— | |
(a) when the principal money secured by the charge has become due, the registered owner of the charge or his personal representative may apply to the Court in a summary manner for possession of the land or any part of the land, and on such application the Court may, if it so thinks proper, order possession of the land or the said part thereof to be delivered to the applicant, and the applicant, upon obtaining possession of the land or the said part thereof, shall be deemed to be a mortgagee in possession; | ||
(b) when a transferee from the registered owner of the charge is registered, under sub-section (6) of the said section 40 , as owner of the land, the charge and all estates, interests, burdens, and entries inferior to the charge shall be discharged. |