- In the absence of a contract to the contrary, the mortgagor shall be deemed to contract with the mortgagee-(a)that the interest which the mortgagor professes to transfer to the mortgagee subsists, and that the mortgagor has power to transfer the same ;(b)that the mortgagor will defend, or if the mortgagee be in possession of the mortgaged property, enable him to defend, the mortgagor's title thereto ;(c)that the mortgagor will, so long as the mortgagee is not in possession of the mortgaged property, pay all public charges accruing due in respect of the property ;(d)and, where the mortgaged property is a lease, [x x x] [In section 65 clause (d) words 'for a term of years' omitted and after clause (e) following words omitted 'Nothing in clause (c) in clause (d) so far as it related to the payment of future rent, applies in the case of a usufructuary mortgage' by Act VI of Samvat 1996.] that the rent payable under the lease, the conditions contained therein, and the contracts binding on the lessee have been paid, performed and observed down to the commencement of the mortgage; and that the mortgagor will, so long as the security exists and the mortgagee is not in possession of the mortgaged property, pay the rent reserved by the lease, or, if the lease be renewed, the renewed lease, perform the conditions contained therein and observe the contracts binding on the lessee, and indemnify the mortgagee against all claims sustained by reason of the non-payment of the said rent or the non-performance or non-observance of the said conditions and contracts ;(e)and, where the mortgage is a second or subsequent incumbrance of the property, that the mortgagor will pay the interest from time to time accruing due on each prior incumbrance as and when it becomes due, and will at the proper time discharge the principal money due on such prior incumbrance.[xx] [In section 65 clause (d) words 'for a term of years' omitted and after clause (e) following words omitted 'Nothing in clause (c) in clause (d) so far as it related to the payment of future rent, applies in the case of a usufructuary mortgage' by Act VI of Samvat 1996.]The benefit of the contracts mentioned in this section shall be annexed to and shall go with the interest of the mortgagee as such, and may be enforced by every person in whom that interest is for the whole or any part thereof from time to time vested.
