D.E.D. Cohen vs Baidyanath Mukherjee on 30 November, 1937
8. In dealing with Issue 1 it is necessary to consider the particular circumstances of this case. The mortgage is an English mortgage; the interest was six months in arrear, and in the circumstances the mortgagee had the power to appoint a receiver and such power was validly exercised. These facts cannot be contested after the decision in David Elias Duck Cohen v. Baidyanath Mookerjee . Section 69-A, T.P. Act which was added by the Amending Act 20 of 1929 is admittedly inapplicable to this mortgage which was executed in 1928, but Sections 12 and 13 of the Trustees and Mortgagees Powers Act, 1866 apply Section 12 provides for the appointment of a receiver by the mortgagee and Section 13 provides that the receiver shall be deemed to be the agent of the person entitled to the property subject to the charge, that is to say, in this instance, of the mortgagor Cohen.