A mortgages two properties X and Y to B Subsequently by reason of the wrongful act of A B is deprive......

A mortgages two properties X and Y to B. Subsequently by reason of the wrongful act of A, B is deprived of part of his security, namely property, Y. B thereupon sues A under s 68 of the Transfer of Property Act, and obtains a personal decree for the mortgage debt against A. In execution of the decree B applies for sale of property X. At this date B’s remedy on the mortgage had become barred by limitation.

The mortgage not being a subsisting mortgage (and A not having to redeem it), B, is entitled to have property X sold in execution without bringing a regular suit for sale on the mortgage

By: santosh