# 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 1[together with the mortgagedeed 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 2[or arty 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 3[the mortgage-money or the balance thereof] or deposits it in Court as hereinafter provided.
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1. Ins. by s. 25, <i>ibid</i>.
2. Subs. by s. 25, <i>ibid</i>., for "the interest of the principal money".
3. Subs. by s. 25, <i>ibid</i>., for "the principal money".
