(a) the mortgager shall be debited with the rents and profits which he has
received from the mortgaged properly or which, but for his willful default,
neglect or mismanagement, he would have received or with fair occupation
rent, whichever is the greater, respect thereof;
(b) the mortgager shall be credited with any sums property spent by him on the
preservation, maintenance and management of the mortgaged property and
with any payment of taxation or any other expenses of the mortgaged property
which the mortgagors bound to pay;
(c) the mortgager shall be credited with an interest not exceeding 40 percent per
annum or as the Court may think fit where no payment of interest or any
periodical payment in lieu of interest is provided for in the mortgage deed;
(d) where the amount of rents and profits mentioned in paragraph (a) and received
by the mortgagor exceeds the aggregate of the amounts mentioned in
paragraphs (b) and (c), the excess shall be deemed to be in reduction firstly of
the amount periodically paid in lieu of interest (if any), and then in reduction
of the mortgage money.
2) The provisions of this section shall not apply to customary mortgages of agricultural
land where both the mortgagor and mortgager are New Sudan Nationals.
127.
Decree in Suit for Sale or Foreclosure:1) in a suit for sale or foreclosure if the plaintiff succeeds, the Court shall make a
preliminary decree determining the sum due to the plaintiff, interest and the costs, and
directing that:(a) the defendant shall pay into Court the amount so due on a day to be fixed by
the Court and not to exceed six months;
(b) if the defendant pays into Court the amount so due the plaintiff shall, if so
required, retransfer the property to the defendant free from the mortgage and
from all encumbrances and shall deliver to the defendant all documents in his
possession or power relating to the mortgaged property;
(c) if such payment is not made on or before the day fixed by the Court, the Court
shall order that the mortgaged property or a sufficient part thereof, be sold by
public auction, and the proceeds of the sale (after defraying there out the
expenses of the sale) be paid into Court and applied in payment of what is
decreed due to the plaintiff as aforesaid, together with subsequent interest and
costs and that the balance, if any, be paid to the defendant or other person
entitled to receive it.
2) Where payment is not made in accordance with sub-section (1), the Court shall on
application made in that behalf by the plaintiff, pass a final decree that the mortgaged
property or a sufficient part thereof, be sold and that the proceeds of the sale be dealt
with as mentioned in the preliminary decree.
128.
Conditions of Sale of Land:1) The provisions relating to the sale of land in execution of a decree shall, so far as may
be, applied to a sale under this Part.
27