Section 9A(1) in Tamil Nadu Agriculturists Relief Act, 1938
(1)This section applies to all mortgages executed at any time before the [1st March 1972] [Substituted for the expression '30th September 1947' by section 9(ii) of the Tamil Nadu Agriculturists Relief (Amendment) Act, 1972 (Tamil Nadu Act 8 of 1973).], and by virtue of which the mortgagee is in possession of the property mortgaged to him or any portion thereof-(a)where no rate of interest is stipulated for as due to the mortgagee, or(b)where a rate of interest is stipulated for as due to the mortgagee in respect of the principal amount secured by the mortgage or any portion thereof, in addition to usufruct from the property, or in respect of any other sum payable to the mortgagee by the mortgagor in his capacity as such.Explanation. - A mortgagee shall be deemed to be in possession of the property mortgaged to him or any portion thereof, notwithstanding that he had leased it to the mortgagor or any other person.
