IV Of Mortgages of Immoveable Property and ChargesVerified
Where in possession of the mortgagee has, during the continuance of the mortgage, received any , the mortgagor, upon redemption, shall, in the absence of a contract to the contrary, be entitled as against the mortgagee to such .
acquired in virtue of transferred ownership.-- Where such has been acquired at the expense of the mortgagee, and is capable of separate possession or enjoyment without detriment to the principal , the mortgagor desiring to take the must pay to the mortgagee the expense of acquiring it. If such separate possession or enjoyment is not possible, the must be delivered with the ; the mortgagor being liable, in the case of an acquisition necessary to preserve the from destruction, forfeiture or sale, or made with his assent, to pay the proper c ost thereof, as an addition to the principal money, 1[with interest at the same rate as is payable on the principal, or, where no such rate is fixed, at the rate of nine per cent. per annum.]
In the case last mentioned the profits, if any, arising from the shall be credited to the mortgagor.
Where the mortgage is usufructuary and the has been acquired at the expense of the mortgagee, the profits, if any, arising from the shall, in the absence of a contract to the contrary, be set off against interest, if any, payable on the money so expended.
