Section 72:
Rights of mortgagee in possession.
1[A mortgagee] may spend such money as is
necessary--
2* * * * *
(b) for 3[the preservation of the mortgaged property] from destruction, forfeiture or
sale;
(c) for supporting the mortgagor's title to the property;
(d) for making his own title thereto good against the mortgagor; and
(e) when the mortgaged property is a renewable lease-hold, for the renewal of the lease;
and may, in the absence of a contract to the contrary, add such money to the principal
money, at the rate of interest payable on the principal, and, where no such rate is fixed, at
the rate of nine per cent. per annum:
4[Provided that the expenditure of money by the mortgagee under clause (b) or clause
(c) shall not be deemed to be necessary unless the mortgagor has been called upon and has
failed to take proper and timely steps to preserve the property or to support the title.]
Where the property is by its nature insurable, the mortgagee may also, in the abs ence
of a contract to the contrary, insure and keep insured against loss or damage by fire the
whole or any pant of such property; and the premiums paid for any such insurance shall be
5[added to the principal money with interest at the same rate as is pay able on the principal
money or, where no such rate is fixed, at the rate of nine per cent. per annum]. But the
amount of such insurance shall not exceed the amount specified in this behalf in the
mortgage-deed or (if no such amount is therein specified) two-thirds of the amount that
would be required in case of total destruction to reinstate the property insured.
Nothing in this section shall be deemed to authorise the mortgagee to insure when an
insurance of the property is kept up by or on behalf of the mortgagor to the amount in which
the mortgagee is hereby authorised to insure.
Notes:
1. Subs. by s. 37, ibid., for certain words.
2. Clause (a) omitted by s. 37, ibid.
3. Subs. by s. 37, ibid., for "its preservation".
4. Ins. by Act 20 of 1929, s. 37.
5. Subs. by s. 37, ibid., for certain words.