Mortgagee's contractual power of sale survives accounts decree where no statutory redemption or sale option is exercised.

A mortgagee's contractual power of sale under the Transfer of Property Act was not displaced by the Dekkhan Agriculturists' Relief Act, because Section 13 dealt only with the special mode of taking accounts and did not extinguish that right. Where a decree declaring the amount due had been passed under Section 15D and neither redemption nor sale was pursued under Section 15D(3), there was no express statutory bar to selling the mortgaged property without court intervention. The injunction restraining the mortgagee from exercising the power of sale was therefore unjustified.

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Issues: Whether a mortgagee who has been given a power of sale in the mortgage deed can be restrained by injunction from selling the mortgaged property without the intervention of the Court after an agriculturist's suit under Section 15D of the Dekkhan Agriculturists' Relief Act, 1879 has resulted in a decree declaring the amount due, and neither party has exercised the option under Section 15D(3).

Analysis: Section 13 of the Dekkhan Agriculturists' Relief Act, 1879 was held to deal only with the special mode of taking accounts and not with the extinction of a mortgagee's contractual right of sale. The mortgagee's power of sale arose under Section 69(1)(c) of the Transfer of Property Act, 1882, and that right could be curtailed only by substantive legislation expressly taking it away. The Act contained no provision prohibiting the exercise of the power of sale after the decree for accounts had been passed, where neither redemption nor sale had been sought under Section 15D(3).

Conclusion: The mortgagee was not barred from exercising the power of sale, and the injunction restraining sale without the intervention of the Court was unjustified.

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