Amendment status not verified — confirm the current text below against the official source.
with the rate of interest so ked, he may, within three months from the date of servioe upon him of suoh order, institute a suit against the ward in a i distriot court within whose jurisdiction the property j mortgaged or any portion thereof is situate, and the said oourt shall, if the mortgage debt has been notified k or admitted as aforesaid, pass a deolaratory dearee fixing suoh rate of interest as to it may seem reasonable. If no such suit be instituted within the said period, the inaunbranoer shell be deemed to have agreed to the rate fixed by the Colleoiar. (6) If an inoumbranoer is dispossessed under this seotion, the money due to him under the instrument of mortgage at the date of suoh disposse8sion together with subsequent interest on the unliquidated prinoipal of the mortgage debt at the rate stipulated in the said instrument, and in the absenoe of suoh stipulation at the rate determined as hereinbefore provided, shall, subjed to the provisions of seation 41, and subjeot to the ohmges speoified in olasses I and II in seotion 32, exoepting the liquidation of debts payable by the ward, and the provisions with referenoe to the upkeep of the furniture, equipage, live-stook and other movable property belonging to the ward, be recoverable together with any money whioh he may be legally entitled to add to the prinoipal money, on the security of the property mortgaged and of the rents and profits arising or acoruing therefrom subsequent to the date of suoh dispossession, in the same manner as if he were a simple mortgagee under the said instrument of suoh property and of suoh rents and profits. (6) The Colleotor shall, as soon as oonveniently may be, after the expiration of the revenue year oommenoing with the date of suoh dispossession and of every auooessive revenue year deolare, subjeot to the approval of the Court, the gross annual rents - 1 See now the Code of Civil -dm, 1908 (Central Aot V of 1908). -' -. Cburt of Wards [I902 :. T.N. Act 1 and profits realized from such property, the several heads of expenditure and the balance and suoh declaration shall bo oonclusive' evidence of tho statement therein contained. A oopy of such declaration shall be furnished to the dispossessed incumbrancer free of charge. Provision