Question

Which one of the following sections of TP Act deals with “doctrine of substituted security?”

Which one of the following sections of TP Act deals with “doctrine of substituted security?”

.

Option A: Section 70
Option B: Section 71
Option C: Section 73
Option D: Section 68

Correct Answer

Option: d

Explanation

Right to sue for mortgage-money.—(1) The mortgagee has a right to sue for the mortgagemoney in the following cases and no others, namely:— (a) where the mortgagor binds himself to repay the same; (b) where by any cause other than the wrongful act or default of the mortgagor or mortgagee, the mortgaged property is wholly or partially destroyed or the security is rendered insufficient within the meaning of section 66, and the mortgagee has given the mortgagor a reasonable opportunity of providing further security enough to render the whole security sufficient, and the mortgagor has failed to do so; (c) where the mortgagee is deprived of the whole or part of his security by or in consequence of the wrongful act or default of the mortgagor; (d) where, the mortgagee being entitled to possession of the mortgaged property, the mortgagor fails to deliver the same to him, or to secure the possession thereof to him without disturbance by the mortgagor or any person claiming under a title superior to that of the mortgagor: Provided that, in the case referred to in clause (a), a transferee from the mortgagor or from his legal representative shall not be liable to be sued for, the mortgage -money. (2) Where a suit is brought under clause (a) or clause (b) of sub-section (1), the Court may, at its discretion, stay the suit and all proceedings therein, notwithstanding any contract to the contrary, until the mortgagee has exhausted all his available remedies against the mortgaged property or what remains of it, unless the mortgagee abandons his security and, if necessary, re-transfers the mortgaged property.]

Sample Mock Tests for Practice

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2012

THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000 (PAPER 01 Q. NO. 1 TO 13)

THE COMMERCIAL COURTS ACT, 2015 (PAPER 01 Q. NO. 1 TO 12)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 05 Q. NO. 161 TO 200)

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 03 Q. NO. 81 TO 120)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 15 Q. NO. 561 TO 600)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 04 Q.NO. 121 TO 160)

THE INDUSTRIAL DISPUTES ACT, 1947 (PAPER 01 Q. NO. 1 TO 15)

AILET – National Law University Delhi Entrance Test (NLU 2018)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 07 Q. NO. 241 TO 280)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 21 Q. NO. 801 TO 840)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 09 Q. NO. 321 TO 360)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2014

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 11 Q. NO. 401 TO 440)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 01 Q.NO. 1 TO 40)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 22 Q. NO. 841 TO 874)

MADHYA PRADESH LOWER JUDICIAL SERVICES 2019(1)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 02 Q. NO. 36 TO 70)

UTTARAKHAND LOWER JUDICIAL SERVICES 2002

THE CONSTITUTION OF INDIA, 1949 (PAPER – 06 Q. NO. 176 TO 210)

MADHYA PRADESH LOWER JUDICIAL SERVICES 2019(2)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 05 Q. NO. 141 TO 175)

THE INDIAN FORESTS ACT, 1927 (PAPER 01 Q. NO. 1 TO 43)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 02 Q.NO. 41 TO 80)

AILET – National Law University Delhi Entrance Test (NLU 2013)

AIBE-XII-2018-I (BCI-JUN-2018-SET-A) (ALL INDIA BAR EXAM 2018-I)

THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 (PAPER 02 Q. NO. 31 TO 60)

THE ARBITRATION AND CONCILIATION ACT, 1996 (PAPER 02 Q. NO. 31 TO 60)

THE SALE OF GOODS ACT, 1930 (PAPER – 01 Q. NO. 1 TO 35)

THE MADHYA PRASESH LAND REVENUE CODE, 1959 (PAPER 02 Q. NO. 31 TO 44)

THE TRADE MARKS ACT, 1999 (PAPER 01 Q. NO. 1 TO 8)

THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956 (PAPER -01 Q. NO. 1 TO 14)

DELHI LOWER JUDICIARY 2011

AIBE-XVI-2021-II (BCI-OCT-2021-SET-A) (ALL INDIA BAR EXAM 2021-II)

THE HINDU MARRIAGE ACT, 1955 (PAPER -5 Q. NO. 101 TO 134)