935. Ground 2: dwelling house subject to mortgage.

The court1 must make an order for possession where the dwelling house2 is subject to a mortgage3 granted before the beginning of the tenancy4, and:

  1.  

    (1)     the mortgagee is entitled to exercise a power of sale conferred on him either by the mortgage or by statute5; and

  2.  

    (2)     the mortgagee requires6 possession of the dwelling house for the purpose of disposing of it with vacant possession in exercise of that power7; and

  3.  

    (3)     either notice was given as mentioned in mandatory Ground 18, or the court is satisfied that it is just and equitable to dispense with the requirement