Section 63A:
Improvements to mortgaged property.
1[63A. Improvements to mortgaged property.-- (1) Where mortgaged property in possession of the mortgagee has, during the continuance of the mortgage, been improved, the
mortgagor, upon redemption, shall, in the absence of a contract to the contrary, be entitled to
the improvement; and the mortgagor shall not, save only in cases provided for in
sub-section (2), be liable to pay the cost thereof.
(2) Where any such improvement was effected at the cost of the mortgagee and was
necessary to preserve the property from destruction or deterioration or was necessary to
prevent the security from becoming insufficient, or was made in compliance with the
lawful order of any public servant or public authority, the mortgagor shall, in the absence
of a contract to the contrary, be liable to, pay the proper cost thereof as an addition to the
principal money 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, and the profits, if any, accruing
by reason of the improvement shall be credited to the mortgagor.]
Notes:
1. Ins. by s. 27, ibid.