10. Filing of application by mortgagor to eject the mortgagee in case of the latter's failure to put the mortgagor in possession.
(1)If on the expiry of the period of notice in Form M.L. - 4, the mortgagee fails or refuses to deliver possession of the mortgaged property to the mortgagor, the mortgagor shall file an application in Form M.L. - 3 to the Collector within whose jurisdiction the mortgaged property or any part thereof is situated, to eject mortgagee from the mortgaged property.(2)The application shall bear a court-fee stamp of such value as may be payable for it under the Court Fees Act, 1870 (Act VII of 1870) for the time being in force for an application and shall be accompanied with the form of the notice duly filled in Form M.L. - 6 in triplicate.(3)On receipt of application from the mortgagor for ejecting the mortgagee the Collector shall issue a notice in Form M.L. - 6 to the mortgagee or his legal representative to show cause within thirty days from the date of issue of notice as to why the mortgagor should not be put in possession of the land.(4)If no cause is shown on or before the date specified in the notice or by such other date as may be extended by the Collector or if the cause shown is, in the opinion of the Collector, not satisfactory, he shall pass an order in writing to eject the mortgagee from the mortgaged property and put the mortgagor in possession and for that purpose he may use such force as may be necessary:Provided that the Collector shall not in any case extend the time by more than thirty days:Provided further that the Collector shall dispose of the proceeding under this rule within three months from the date of receipt of the petition.(2)The delivery of possession will be effected in the manner prescribed for the purpose in the Code of Civil Procedure, 1908 (Act V of 1908).
