76. Liabilities of mortgagee in possession. When, during the continuance of the mortgage, the mortgagee takes possession of the mortgaged property :- (a)  he must manage the property as a person of ordinary prudence would manage it if it were his own ; (b)  he must use his best endeavours to collect the rents and profits thereof ; (c)  he must, in the absence of a contract to the contrary out of the income of the property, pay the Government revenue, all other charges of a public nature '[and all rent accruing due in respect thereof during such possession, and any arrears of rent in default of payment of which the property may be summarily sold ; 
(d)  he must, in the absence of a contract to the contrary, make such necessary repairs of the property as he can pay for out of the rents and profits thereof after deducting from such rents and profits the payments mentioned in clause (c) and the interest on the principal money ; (e)  he must not commit any act which is destructive or permanently injurious to the property ; (f) where he has insured the whole or any part of the property against loss or damage by fire, he must, in case of such loss or damage, apply any money which he actually receives under the policy or so much thereof as may be necessary, in reinstating the property, or, if the mortgagor so directs in reduction or discharge of the mortgage-money ; (g)  he must keep clear, full and accurate accounts of all sums received and spent by him as mortgagee, and, at any time during the continuance of the mortgage, give the mortgagor, at his request and cost, true copies of such accounts and of the vouchers by which they are supported; (h)  his receipts from the mortgaged property, or, where such property is personally occupied by him, a fair occupationrent in respect thereof, shall, after deducting the expenses [properly incurred for the management of the property and the collection of rents and profits and the other expenses] mentioned in clauses (c) and (d); and interest thereon be debited against him in reduction of the amount (if any) from time to time due to him on account of interest and so far as such receipts exceed any interest due, in reduction or discharge of the mortgage-money; the surplus, if any, shall be paid to the mortgagor ; (i)  when the mortgagor tenders, or deposits in manner hereinafter provided, the amount for the time being due on the mortgage, the mortgagee must, notwithstanding the provisions in the other clauses of this section, account for his receipts from the mortgaged property from the date of the tender or from the earliest time when he could take such amount out of Court, as the case may be [and shall not be 
entitled to deduct any amount therefrom on account of any expenses incurred after such date or time in connection with the mortgaged property].  Loss occasioned by his default. If the mortgagee fail to perform any of the duties imposed upon him by this section, he may, when accounts are taken in pursuance of a decree made under this Chapter, be debited with the loss, if any, occasioned by such failure.   
77.  Receipts in lieu of interest. Nothing in section 76, clauses (b), (d), (g) and (h), applies to cases where there is a contract between the mortgagee and the mortgagor that the receipts from the mortgaged property shall, so long as the mortgagee is in possession of the property, be taken in lieu of interest on the principal money, or in lieu of such interest and defined portions of the principal.  Priority   78. Postponement of prior mortgagee. Where, through the fraud, misrepresentation or gross neglect of a prior mortgagee, another person has been induced to advance money on the security of the mortgaged property, the prior mortgagee shall be postponed to the subsequent mortgagee.   
79.  Mortgage to secure uncertain amount when maximum is expressed. If a mortgage made to secure future advances, the performance of an engagement or the balance of a running account, expresses the maximum to be secured thereby, a subsequent mortgage of the property shall, if made with notice of the prior mortgage, be postponed to the prior mortgage in respect of all advances or debts not exceeding the maximum, though made or allowed with notice of the subsequent mortgage. Illustration A mortgages Sultanpur to his bankers, B & Co., to secure the balance of his amount with them to the extent of Rs. 10,000. A then mortgages Sultanpur to C, to secure Rs. 10,000, C having notice of the mortgage to B & Co., and C gives notice to B & Co., of the second mortgage. At the date of the second mortgage, the balance due to B & Co. does not exceed Rs. 5,000. B & Co., subsequently advanced to A sums 
making the balance of the account against him exceed the sum of Rs. 10,000. B & Co. are entitled, to the extent of Rs. 10,000, to priority over C.  
80.  Tacking abolished. [Repealed by section 41 of the Transfer of Property (Amendment Act, 1929 (XX of 1929)].  
Marshalling and Contribution 81. Marshalling securities. If the owner of two or more properties mortgages them to one person and then mortgages one or more of the properties to another person, the subsequent mortgagee is, in the absence of a contract to the contrary, entitled to have the prior mortgagedebt satisfied out of the property or properties not mortgaged to him, so far as the same will extend, but not so as to prejudice the rights of the prior mortgagee or of any other person who has for consideration acquired an interest in any of the properties.  
82.  Contribution to mortgage-debt. [Where property subject to a mortgage belongs to two or more persons having distinct and separate rights of ownership therein, the different shares in or parts of such property owned by such persons are, in the absence of a contract to the contrary, liable to contribute rateably to the debt secured by the mortgage, and for the purpose of determining the rate at which each such share or part shall contribute, the value thereof shall be deemed to be its value at the date of the mortgage after deduction of the amount of any other mortgage or charge to which it may have been subject on that date]. Where, of two properties belonging to the same owner, one is mortgaged to secure one debt and then both are mortgaged to secure another debt, and the former debt is paid out of the former property, each property is, in the absence of a contract to the contrary, liable to contribute rateably to the latter debt after deducting the amount of the former debt from the value of the property out of which it has been paid. Nothing in this section applies to a property liable under section 81 to the claim of the [subsequent] mortgagee.  
Deposit in Court  
83. Power to deposit in Court money due on mortgage. At any time after the principal money '[payable in respect of any mortgage has become due] and before a suit for redemption of the mortgaged property is barred, the mortgagor, or any other person entitled to institute such suit, may deposit, in any Court in which he might have instituted such suit, to the account of the mortgagee, the amount remaining due on the mortgage. Right to money deposited by mortgagor. The Court shall thereupon cause written notice of the deposit to be served on the mortgagee, and the mortgagee may on presenting a petition (verified in manner prescribed by law for the verification of plaints) stating the amount then due on the mortgage, and his willingness to accept the money so deposited in full discharge of such amount, and on depositing in the same Court the mortgaged-deed '[and all documents in his possession or power relating to the mortgaged property] apply for and receive the money, and the mortgage deed ^and all such other documents] so deposited shall be delivered to the mortgagor or such other person as aforesaid. Where the mortgagee is in possession of the mortgaged property, the Court shall, before paying to him the amounts so deposited, direct him to deliver possession thereof to the mortgagor and at the cost of the mortgagor either to re-transfer the mortgaged property to the mortgagor or to such third person as the mortgagor may direct or to execute and (where the mortgage has been effected by a registered instrument) have registered and acknowledgment in writing that any right in derogation of the mortgagor's interest transferred to the mortgage has been extinguished.  
84.  Cessation of interest. When the mortgagor or such other person as aforesaid has tendered or deposited in Court under section 83 the amount remaining due on the mortgage, interest on the principal money shall cease from the date of the tender or ^in the case of a deposit, where no previous tender of such amount has been made] as soon as the mortgagor or such other person as aforesaid has done all that has to be done by him to enable the mortgagee to take such amount out of Court, [and the notice required by section 83 has been served on the mortgagee: Provided that, where the mortgagor has deposited such amount without 
having made a previous tender thereof and has subsequently withdrawn the same or any part thereof, interest on the principal money shall be payable from the date of such withdrawal]. Nothing in this section or in section 83 shall be deemed to deprive the mortgagee of his right to interest when there exists a contract that he shall be entitled to a reasonable notice before payment or tender of the mortgage-money [and such notice has been given before the making of the tender or deposit, as the case may be].  Suit for Foreclosure, Sale or Redemption  
85. Parties to suits for Foreclosure, sale and redemption. [Repealed by the Code of Civil Procedure. 1908 (Act of 1908), section 156 and Schedule V.]  Foreclosure and Sale  
             86 to 90. [Repealed by the -Code of Civil Procedure, 1908 (Act V of 1908), section 156 and Schedule V.]  
Redemption   
91. Persons who may sue for redemption. Besides the mortgagor, any of the following persons may redeem, or institute a suit for redemption of, the mortgaged property, namely: - (a)  any person (other than the mortgagee of the interest sought to be redeemed) who has any interest in, or charge upon, the property mortgaged or in or upon the right to redeem the same; (b)  any surety for the payment of the mortgage-debt or any part thereof; or (c) any creditor of the mortgagor who has in a suit for the administration of his estate obtained a decree for sale of the mortgaged property.]   
92. Subrogation. Any of the persons referred to in section 91 (other than the mortgagor) and any co-mortgagor shall, on redeeming property subject to the mortgage, have, so far as regards redemption, foreclosure or sale of such property, the same rights as the mortgagee whose mortgage he redeems may have against the mortgagor or any other mortgagee. The right conferred by this section is called the right of subrogation, and a person acquiring the same is said to be subrogated to the rights of the mortgagee whose mortgage he redeems. A person who has advanced to a mortgagor money with which the mortgage has been redeemed shall be subrogated to the rights of the mortgagee whose mortgage has been redeemed, if the mortgagor has by a registered instrument agreed that such persons shall be so subrogated. Nothing in this section shall be deemed to confer a right of subrogation on any person unless the mortgagor in respect of which the right is claimed has been redeemed in full.  
93. Prohibition of tacking. No mortgagee paying off a prior mortgage, whether with or without notice of an intermediate mortgage, shall thereby acquire any priority in respect of his original security; and, except, in the case provided for by section 79, no mortgagee making a subsequent advance to the mortgagor whether with or without notice of an intermediate mortgage, shall thereby acquire any priority in respect of his security for such subsequent advance.  
94.  Rights of mesne mortgagee. Where a property is mortgaged for successive debts to successive mortgagees, a mesne mortgagee has the same rights against mortgagees posterior to himself as he has against the mortgagor].   
95.  Right of redeeming co-mortgagor to expenses. Where one of several mortgagors redeems the mortgaged property, he shall, in enforcing his right of subrogation under section 92 against his comortgagors, be entitled to add to the mortgage-money recoverable from them such proportion of the expenses properly incurred in such redemption as is attributable to their share in the property.  
96. Mortgage by deposit of title-deeds. The provisions hereinbefore contained which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of title-deeds.  
97. Application of proceeds. [Repealed by the Code of Civil Procedure, 1908 (Act V of 1908), S. 156 and Sch V].  Anomalous Mortgages  
            98. Rights and liabilities of parties to anomalous mortgages. In the case of ^an anomalous mortgage], the rights and liabilities of the parties shall be determined by their contract as evidenced in the mortgage-deed, and so far as such contract does not extend, by local usage.