Section 43(1) in Tamil Nadu Court of Wards Act, 1902
(1)When any property of a ward is in the possession of a mortgagee, or any person claiming under a mortgagee, the [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] may, on being satisfied that it is expedient in the public interest that the estate should be preserved and that such incumbrancer should deliver up possession of the mortgaged property, make a declaration to that effect, and direct the Court to take possession thereof; the Court shall, thereupon by an order in writing, require such incumbrancer to deliver up possession of the same to the manager at the end of the then current revenue year.
