Section 9A(4) in Tamil Nadu Agriculturists Relief Act, 1938
(4)Where the mortgagee has been in possession of only a portion of the property mortgaged to him for an aggregate period of less than thirty years, the mortgagor shall not be entitled to redeem the mortgage, unless he pays to the mortgagee-(i)the difference between the portion of the principal amount secured by the mortgage which is attributable to the portion of the property in the possession of the mortgagee and an amount bearing to that portion of the principal amount the same proportion as the period during which the mortgagee has been in possession bears to thirty years;(ii)where any interest has been stipulated for, in addition to the usufruct from the property, the arrears of interest on the portion of the principal amount referred to in clause (i), such arrears being scaled down under section 8 [* * *] [The expression 'or 9' was omitted by section 9(i) of the Tamil Nadu Agriculturists Relief (Amendment) Act, 1972 (Tamil Nadu Act 8 of 1973).] read with section 12 or under section 13, as the case may be;(iii)the balance of the debt as scaled down under section 8 [* * *] [The expression 'or 9' was omitted by section 9(i) of the Tamil Nadu Agriculturists Relief (Amendment) Act, 1972 (Tamil Nadu Act 8 of 1973).] read with section 12, or under section 13, as the case may be; and(iv)all other sums payable to the mortgagee by the mortgagor in his capacity as such, together with the interest, if any, due thereon.
