344. Validity of attornment clause.

344.     Validity of attornment clause.

If by the mortgage deed the mortgagor attorns to the mortgagee, the relationship of landlord and tenant arises between them1, but the value of such a clause is doubtful2. Such a clause is invalid so far as it purports to confer a right to distrain upon any chattels unless registered as a bill of sale3, but the invalidity does not extend to a case where the mortgagee has actually entered into possession and demised the land to the mortgagor as his tenant at a fair and reasonable rent