Section 440
Duty To Take Reasonable Care Of Mortgaged Property
(1) After
acquiring possessory right in the mortgaged property, the creditor
shall take a reasonable care and protection of that property as if it
were his or her own.
(2) The creditor himself or herself shall pay the tax or
charge, if any, payable by law for the possession and enjoyment of
the mortgaged property.
Provided that the debtor shall pay the land revenue payable
by law.
(3) If the creditor is not able to possess and enjoy the
mortgaged property because of any hindrance or obstruction by any
person other than the debtor, the creditor may make a lawsuit in
accordance with law for its possession and enjoyment.