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State of Bihar - Section

Section 13 in Bihar Privileged Persons Homestead Tenancy Act, 1947

13. Power of Collector to eject mortgagee for wilful neglect to pay rent of mortgaged land.

(1)If the mortgagee of a holding or any part thereof under Section 11 is legally liable to pay the rent of mortgaged property to the landlord and fails to do so, the mortgagor may deposit it with the Collector the arrears of rent together with the costs necessary for the transmission of the same to the landlord and may apply to the Collector for the ejectment of the mortgagee and the restoration of the mortgaged property to the mortgagor.
(2)On receipt of such an application the Collector, after making such enquiry as he thinks fit, may, if he is of the opinion that the mortgagee has wilfully neglected to pay the amount of rent in arrear, eject the mortgagee and restore the mortgaged property to the mortgator, and the mortgagee shall thereupon be deemed to have terminated.
(3)The Collector shall cause to be transmitted to the landlord any sum deposited under sub-section (1).