83Actions for possession by mortgagors

83 Actions for possession by mortgagors (1) If a mortgagor is entitled to the possession of land or receipt of the rents and profits of land, and the mortgagee takes possession or enters into receipt of the rents and profits of the land without having given notice of his or her intention to do so, the mortgagor may sue, in the mortgagor's own name only: (a) for possession or for the recovery of the rents or profits; or (b) to prevent, or recover damages in respect of, any trespass or other wrong relating to the land, unless the cause of action arises on a lease or other contract made by the mortgagor jointly with another person. (2) Nothing in this section prejudices the power of a mortgagor under any other law in force in the Territory to take proceedings in the mortgagor's own name only, whether in right of a legal estate vested in the mortgagor or otherwise. (3) This section applies to mortgages made before and after the