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Section 21: Power to remove mortgagee in possession

The Broach and Kaira Incumbered Estates Act, 1877Central Act · Act 14 of 1877

If the property under management or any part thereof be in the possession of a mortgagee or conditional vendee, the manager, at any time after the liquidation-scheme has been sanctioned as aforesaid, may, by an order in writing, require such incumbrancer to deliver up possession of the same to him at the end of the then current revenue year.

If such incumbrancer refuse or neglect to obey such order, the manager may, without resorting to a Civil Court, enter upon the property and summarily evict therefrom the said incumbrancer and any other person obstructing or resisting on his behalf.

Nothing in this section shall be held to affect the right of any incumbrancer to receive, under the liquidation-scheme, the amount (if any) awarded to him under Part IV of this Act.

Where this provision sits

ActThe Broach and Kaira Incumbered Estates Act, 1877
Section21
Marginal notePower to remove mortgagee in possession
JurisdictionCentral
StatusIn force as published by the source

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