Transfer of Property Act, 1882
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 together with the mortgage-deed and
all documents relating to the mortgaged property which are in the possession or
power of the mortgagee,-
(a) where the mortgagee is authorized to pay himself the
mortgage-money from the rents and profits of the property,-when such money is
paid;
(b) where the mortgagee is authorized to pay himself from such
rents and profits or any 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 the mortgage-money or the
balance thereof or deposits it in court hereinafter provided.