518 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Due = demandable.
If it is not paid on due date, the right to redemption is not lost. Mortgage remains a mortgage—only it can be exercised.
VI. Payment.
(i) Payment must be to all if there are more than one mortgagee.
(ii) Mode of payment—legal tender or any other medium acceptable to the creditor,
(iii) Place of payment—(Page left blank in Ms—ed.)
Redemption and Improvements
Section 63 A.
The mortgagor on redemption is entitled to improvements in the absence of a contract to the contrary.
The mortgagor shall be liable to pay the cost of improvements if the improvement was—
(i) necessary to preserve the property from destination.
(ii) necessary to prevent security from being insufficient.
(iii) made in compliance with lawful order of a public authority.
This also is subject to a contract to the contrary.
Section 63 A lays down the general rule that ordinarily a mortgagee is not at liberty to effect improvements and charge the mortgagor therewith. The object of the law is to prevent a mortgagee from laying out large sums of money and thereby increasing his debt to such an extent as to cripple the power of redemption. The mortgagee cannot be allowed to make redemption impossible by making improvements—This is called improving a mortgagor out of his estate.
The mere consent of the mortgagor to improvements is not enough to make him liable, unless it amounts to a promise to re-imburse.
Right of Redemption and the benefit of the renewal of a lease
Section 64
The renewal of a lease is a kind of an accession to the original interest of the mortgagor.