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[Cites 0, Cited by 0] [Section 9] [Entire Act]

State of Tamilnadu - Subsection

Section 9(10) in Tamil Nadu Debt Relief Act, 1979

(10)Notwithstanding anything contained in this section,-
(a)where, during the period on and from the 1st March 1972 and before the 14th day of July 1978, the mortgagee or any of his successors-in-interest has transferred either wholly or in part the mortgagee's right in the property bona fide and for valuable consideration, then, the provisions of sub-sections (1) to (9) shall apply to such mortgage and, for purposes of sub-sections (3) to (9), the period during which the last transferee was in possession of the property shall alone be taken into account:
Provided that the transferee of a mortgage shall not be entitled to recover in respect of such mortgage, anything more than the value of the consideration for the transfer; but nothing herein contained shall, in cases when the property or portion thereof has been leased back to the mortgagor, affect the right of the transferee to recover the rents, if any, due under the lease, if such rents have not become barred by limitation under any law for the time being in force;
(b)notwithstanding anything contained in clause (a), where the mortgagee's interest in the property subject to the mortgage or any part of such interest belonged to, or devolved on, two or more persons and during the period aforesaid a partition has taken place among such persons, then, nothing contained in this section, except sub-sections (1) and (2), shall apply to the whole or such part of the interest, as the case may be.