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CHAPTER IV OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES · Rights and liabilities of Mortgagee

Section 67A: Mortgagee when bound to bring one suit on several mortgages

The Transfer of Property Act, 1882

1[A mortgagee who holds two or more mortgages executed by the same mortgagor in respect of each of which he has a right to obtain the same kind of decree under section 67, and who sues to obtain such decree on any one of the mortgages, shall, in the absence of a contract to the contrary, be bound to sue on all the mortgages in respect of which the mortgage-money has become due.]

Footnotes in the official text

  1. 1.Ins. by s. 32, ibid.

Questions on this section

1 question in 5 of our papers cite Section 67A. Try these from the free papers:

  1. 1. P holds three simple mortgages executed by Q over different properties, and the mortgage-money under all three has become due. P sues for sale on the first mortgage alone. There is no contract to the contrary. Under Section 67A of the Transfer of Property Act, 1882:

Practise questions on Transfer of Property Act