(1) When any property of a ward is in the ye possession of a mortgagee, or any person alsiming gegee pmerweeion under a mortgagee, the '[State Government] may, may be on being satisfied that it is expedient in the publio di8poseessed. interest that the estate should be preserved and that suoh inoumbrancter should deliver up possession of the mortgaged property, make a deolaration to that effeot, and direct the Court to take possession thereof ;
the Court shall, thereupon by an order in writing, require suoh inoumbranoer to deliver up possession of the same to the manager at the end of the then ourrent revenue year.
(2) If suoh inoumbranoer refuses or negleots to obey suoh order, the Colleotor may, without resorting to a oivil oourt, enter upon the property, and summarily eviot therefrom the said inoumbranoer and any other person obstruoting or resisting on his behalf.
(3) The dispossession of the inoumbranoer under sub-sectiom (1) and (2) shall not deprive him of any summary powers whioh he would h v e had under the Madras Rent Recovery Aot, 1865,' for the recovery 2py~n of arrears of rent due to him at the date of his ,f 1865.
dispossession.
(4) If in the instrument of mortgage under whioh the inoumbranoer iu in possession of the property, no rate of interest is specified, the Collector shall, in cases where the mortgage debt has been notified to or admitted by him, offer to the inoumbrancer the rate of interest whioh appears to him to be reasonable ; and pass an order fixing the rate aooordingly .
--- 1 The words " Provinoial CSovemxwnt " were substituted for the words "Lod Q o v ~ f t t " by the Adaptation Order of 1 1957 \ and the word " Stete waa eubetituted for ''Provinci~ by the Adaptation Order of 1960.
& b p a d d by Tenail Nedu Bat I of lW8.
1902 : T.N. Act I] Court of Wards i Copy of the b; order shall be served upon the inoumbranoer '-ni the manner presaribed by the Code of Civil Prooedure l for semi- of summons t x ~ v upon a defendant. If the inoumbranoer be dissatisfied
1882. with the rate of interest so k e d , he may, within three months from the date of servioe upon him of suoh order, institute a suit against the ward in a i distriot court within whose jurisdiction the property j mortgaged or any portion thereof is situate, and the said oourt shall, if the mortgage debt has been notified k or admitted as aforesaid, pass a deolaratory dearee fixing suoh rate of interest as to it may seem reasonable.
If no such suit be instituted within the said period, the inaunbranoer shell be deemed to have agreed to the rate fixed by the Colleoiar.
(6) If an inoumbranoer is dispossessed under this seotion, the money due to him under the instrument of mortgage a t the date of suoh disposse8sion together with subsequent interest on the unliquidated prinoipal of the mortgage debt at the rate stipulated in the said instrument, and in the absenoe of suoh stipulation at the rate determined as hereinbefore provided, shall, subjed to the provisions of seation 41, and subjeot to the ohmges speoified in olasses I and II in seotion 32, exoepting the liquidation of debts payable by the ward, and the provisions with referenoe to the upkeep of the furniture, equipage, live-stook and other movable property belonging to the ward, be recoverable together with any money whioh he may be legally entitled to add to the prinoipal money, on the security of the property mortgaged and of the rents and profits arising or acoruing therefrom subsequent to the date of suoh dispossession, in the same manner as if he were a simple mortgagee under the said instrument of suoh property and of suoh rents and profits.
(6) The Colleotor shall, as soon as oonveniently may be, after the expiration of the revenue year oommenoing with the date of suoh dispossession and of every auooessive revenue year deolare, subjeot to the approval of the Court, the gross annual rents - 1 See now the Code of Civil -dm, 1908 (Central Aot V of 1908). -' -.
Cburt of Wards [I902 :. T.N. Act 1 and profits realized from such property, the several heads of expenditure and the balance and suoh declaration shall bo oonclusive' evidence of tho statement therein contained. A oopy of such declaration shall be furnished to the dispossessed incumbrancer free of charge.
Provision