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[Cites 0, Cited by 1] [Section 13] [Entire Act]

Union of India - Subsection

Section 13(d) in The Oudh Laws Act, 1876

(d)in the case of a mortgage, that the amount claimed by the mortgagee was not really due on the footing of the mortgage and was not claimed in good faith, and that it exceeds the fair market- value of the property mortgaged, 2 or the portion of the property mortgaged in respect of which he possesses the right of pre- emption, as the case may be]. If, in the case of a sale, the Court finds that the price was not fixed in good faith, the Court shall fix such price as appears to it to be the fair market- value of the property sold, 2 or the portion of the property sold in respect of which he possesses the right of pre- emption, as the case may be]. If, in the case of a mortgage, the Court finds that the amount claimed by the mortgagee was not really due on the footing of the mortgage, and that it was not claimed in good faith and that it exceeds the fair market- value of the property mortgaged 2 or the portion of the property mortgaged in respect of which he possesses the right of