JUDGMENT 1. We are not prepared to differ from the decision, in Nataraja Aiyar v. The South Indian Bank, Limited (1911) I.L.R. 37 B. 51 S.C. 22 M.L.J. 105 where all the authorities are considered, and are of opinion that the fact of the mortgagee being in possession actual or constructive of the mortgaged property makes no difference. The answer to the first question is in the affirmative.