342. Mortgagor in possession entitled to receive rents etc.

So long as the mortgagee allows the mortgagor to remain in possession, that is so long as the mortgagee does not give notice to the lessee to pay the rent to him, the mortgagor continues to be entitled to receive the rent, and he is also entitled to enforce and take advantage of the lessee's covenants1, and, in the absence of any special agreement, damages recovered belong to the mortgagor2. Therefore, as the mortgagor, while he remains in possession, is entitled to the income of the land leased, he can enforce the covenants either by bringing proceedings or by