(1) The mortgagee has a right to sue for the mortgage-money in the following cases and no others, namely:—
(a) where the mortgagor binds himself to repay the same;
(b) where, by any cause other than the wrongful act or default of the mortgagor or mortgagee, the mortgaged property is wholly or partially destroyed or the security is rendered insufficient within the meaning of section 66, and the mortgagee has given the mortgagor a reasonable opportunity of providing further security enough to render the whole security sufficient, and the mortgagor has failed to do so;
(c) where the mortgagee is deprived of the whole or part of his security by or in consequence of the wrongful act or default of the mortgagor;
(d) where, the mortgagee being entitled to possession of the mortgaged property, the mortgagor fails to deliver the same to him, or to secure the possession thereof to him without disturbance by the mortgagor or any person claiming under a title superior to that of the mortgagor:
Provided that, in the case referred to in clause (a), a transferee from the mortgagor or from his legal representative shall not be liable to be sued for the mortgage-money, unless he has agreed with the mortgagee to pay the same.
Legal Commentary & Landmark Judgments: Section 68
Section 68 of the Transfer of Property Act, 1882 sets out the specific statutory circumstances under which a mortgagee has the right to sue for mortgage-money, providing a personal remedy against the mortgagor independent of foreclosure or sale.
In usufructuary mortgages where the mortgagor fails or refuses to deliver physical possession of the property to the mortgagee, do not file for foreclosure; sue directly for the mortgage money under Section 68(1)(d) with an attachment before judgment.