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A mortgagor’s unquantified counterclaim does not defeat a mortgagee’s right to possession; stay of execution discharged.
Mortgage law – Mortgagee’s right to possession – Counterclaim or equitable set-off does not ordinarily defeat possession – Court’s equitable discretion to postpone possession only where mortgagor can pay within reasonable time – Stay of execution discharged where set-off unquantified and appeal lacks prospects.
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