Section 9A(5) in Tamil Nadu Agriculturists Relief Act, 1938
(5)(a)Where the mortgagee has been in possession of the whole of the property mortgaged to him for an aggregate period of thirty years or more, then, notwithstanding anything contained in sections 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).], 12 and 13, the mortgage debt shall be deemed to have been wholly discharged with effect from the expiry of the period of thirty years or where such period expired before the [publication of the, Tamil Nadu Agriculturists Relief (Amendment) Act, 1972 (Tamil Nadu Act 8 of 1973) in the Tamil Nadu Government Gazette with effect from the publication of that Act] [Substituted for the expression 'commencement of the Tamil Nadu Agriculturists Relief (Amendment) Act, 1948 (Tamil Nadu Act XXIII of 1948), with effect from the commencement of that Act' by section 9(iii) of the Tamil Nadu Agriculturists Relief (Amendment) Act, 1972 (Tamil Nadu Act 8 of 1973), the words 'Tamil Nadu' having been earlier substituted for the word 'Madras' by the Tamil Nadu Adaptation of laius Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.]-(i)if no interest has been stipulated for on the principal amount secured by the mortgage or any portion thereof, in addition to the usufruct from the property;(ii)where such interest has been stipulated for, if no arrears of interest are due from the mortgagor; and(iii)if no other sums or interest thereon are due to the mortgagee by the mortgagor in his capacity as such.(b)Where the mortgagee has been in possession of the whole of the property mortgaged to him for an aggregate period of thirty years or more, then, in cases not governed by clause (a), the mortgagor shall not be entitled to redeem the mortgage unless he pays to the mortgagee-(i)the arrears of interest stipulated for in addition to the usufruct from the property, as scaled down under section 8 [* * *] [The figure '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(ii)all other sums due to the mortgagee by the mortgagor in his capacity as such and referred to in sub-clause (iii) of clause (a) together with any interest due thereon.
