(5)(a)Where the mortgagee has been in possession of the whole of the property mortgaged to him for an aggregate period of ten years or more, then, notwithstanding anything contained in sections 8 and 12, the mortgage debt shall be deemed to have been wholly discharged with effect from the expiry of the period often years or where such period expired before the 14th day of July 1978, with effect from the said date-(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 ten 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 read with section 12; 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.
