<p align="left">In the case of a usufructuary mortgage, the mortgagor has a right to recover possession of the property <b><sup>1</sup></b>[together with the mortgage-deed and all documents relating to the mortgaged property which are in the possession or power of the mortgagee],—</p>
<p align="left">(a) where the mortgagee is authorized to pay himself the mortgage-money from the rents and profits of the property,—when such money is paid;</p>
<p align="left">(b) where the mortgagee is authorised to pay himself from such rents and profits<b><sup>2</sup></b>[or any part thereof a part only of the mortgage-money],—when the term (if any) prescribed for the payment of the mortgage-money has expired and the mortgagor pays or tenders to the mortgagee <b><sup>3</sup></b>[the mortgage-money or the balance thereof] or deposits it in Court as hereinafter provided.</p>
<p align="left">———————-</p>
<p align="left"><b>1. Ins. by Act 20 of 1929, sec. 25.</b></p>
<p align="left"><b>2. Subs. by Act 20 of 1929, sec. 25, for “the interest of the principal money”.</b></p>
<p align="left"><b>3. Subs. by Act 20 of 1929, sec. 25, for “the principal money”.</b></p>
