408. Exercise of mortgagee's right of entry.

408.     Exercise of mortgagee's right of entry.

Where the mortgaged property is in the occupation of the mortgagor or of a tenant of the mortgagor whose tenancy is not binding on the mortgagee1, the mortgagee exercises his right to possession either by entering on the land if this can be done peaceably2, or by making a claim in the County Court or, where that court does not have jurisdiction3, the Chancery Division of the High Court, for delivery of possession of the land4. If the mortgaged property is in the occupation