§62 — 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 [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 authorised 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 [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 [the mortgage-money or the balance thereof] or deposits it in Court as hereinafter provided.