The Redemption of Mortgages (Punjab) Act, 1913

1913 : Pb. Act IL] REDEMPTION oF MORTGAGES 463 Rl ). REDEMPTION OF MORTGAGES ACT NO, III OF fsfig}ww) e CONTENTS. Sections. 1. Title, extent and limitation of scope of Act. 2. Definitions. . 3. Applications of certain sections of Punjab Tenancy Act. 4. Petition for redemption. Particulars to be contained in petition, Mortgagee to be summoned. Procedure when petitioner is present and mortgagee o 6. present. 7. Procedure when petitioner is present and mortgagee is absent. ) 8. Procedure when both parties are in attendance : order for redemption. 9. Procedure in contentious cases. Enquiry into objection raised by mortgagee. 11. Enquiry regarding sum due. Saving of suits to establish rights. Setting aside ex parte orders or orders of disinissals. 13. No second petition. 14. Return of deposit. Deposit not to be attached. 16. Cessation of interest. 17. Power to make rules. r 1913 Ph. Act IL | REDEMPTION OF MORTGAGES 465 HE REDEMPTION OF MORTGAGES (PUNJAB) ACT, 1913. Acr No. IT oF 1913. [Received the assent of His Honour the Lieutenant- Governor of the Punjab on the 8th February, 1913, that of his Excellency the Viceroy and Governor- i General’s on the 4th March, 1913, the Governor- General’s assent was first published in the Pumjab Government Gazette of 14th March, 1913.] = P 2 3 4 - iy Whether repealed or otherwise Year | No. Short title affected by legislation TIE I The Redemptiion of | Amendment Punjab Act, VII of % Mortgages (Punjab) ~ 19342 (Part VII) Act, 1913 | Amended by the Government of India (Adaptation of Indian Laws) Order, 1937 Amended .by the Indian. Inde- pendence (Adaptation of Bengal and Punjab _ Acts) | Order of. 1948 (G. G. Q. 40) i H Amended by the Adaptation of | Laws Qrder, 1950 3 Amended by the Adaptation of Laws (Third Amendment) Order, 1951 ¢ | Extended to the territories which, immediately before the Ist. November, 1956, were com- prised in the State of Patiala and East Punjab States Union ) by Punjab Act 18 of 1958° An Act to provide ¢ summary procedure for the redemption of certain mortgages of land in Punjab. WHEREAS it is expedient to provide a summary proce- Preamble. dure for the redemption of certain mortgages of land in ‘Punjab ; It is hereby enacted as follows :— 1. (1) This Act may be called the Redemption of itk Mortgages (Punjab) Act, 1913. 1For Statement of Objects and Reasons, see Punjab Gazette, 1912, Part V, page 183 ; for Report of the Select Committee, see Punjab Gazette, 1912, Part V, page 227, and for Proceedings in Council, seie Punjab Gazette, 1912, Part V, page 212, and ibid, 1913, Part V, page 7. “For Statement of Objects and Reasons, see Punjob Gazette, 1934, Extraordinary, pages 23-24, for Report of the, Select Committee, see ibid, 1934, Part V, pages 23—27, and for Proceedings in Council, see the Punjeb Legislative Council Debates, Vol. XXV, pages 2480, 1068- 10§9. 30—106, 184213, 318363, 667—692, 862084, 986—1918, 1923—1137, 11551182, 1191—1216, 1363—1396. § “For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1958, page 546K. 3 ] ; *Substituted for the words “East Punjab” [which had been inserted T the words “The Punjab” by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948] by the Adaptation of Laws (¢ Amendment) Order, 1951. 466 REDEMPTION OF MORTGAGES (1913 . py Vet 1 L - Aet 11 Extent, (2) Tt extends to "[Union Territory of Chandigaph ) “ ¢ “arn Limitation of 3) 1t shall applv onlv ¢ idngden scope of At B ¢ all apply only to mortgages of land cortain mort- gages. (a) in which, whatever the mortgage money, land mortgaged, after excluding the areq of Ay « share in the common land of the village ar of & . sub-division of the village appertaining theres, and mortgaged there does ot exceed i, area (50 acres] ; or . (b) in which, whatever the area, the princing| money secured under the mortgage does not exceed '[5,000] rupees : ) * - Provided that it shall not apply to any mortgage made under section 6 of the “Punjab Alienation of Land Act, 1900 .*lor the Patiala Alienation of Land Act, 1972 Bk.] Definitions 'z, In this Act, unless there is something repugnant in the subject or context, = (1) the expression “land” means land which is not occupied as the site of any building in a town or village and is occupied or let for agricultural purpoeses or purposes sub- servient to agriculture or for pasture, and includes— (a) the sites of buildings and other structures on such land ; (b) a share in the profits of an estate or holding ; ' (c) any dues or any fixed percentage of the land revenue payable by an inferior land-owner to a superior land-owner ; g (d) a right to receive rent ; (e) any right to water enjoyed by the owner or the occupier of land as such ; and (f) any right of occupancy : ISubstituted for the word "Pun;;i)"fli)); the Punjab fiéni~gan1isatiou (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968, #Substituted for the figures and words “30 acres”.by Punjab Act, VII of 1934, section 33. . SSubstituted for the figures “1000” by Punjab Act, VII of 1934, section 33, Tie8 fRepealeH by the Adaptation of Lews (Third Amendment) Order, %Added by Punjab Act No. 18 of 1058 . | X o 1900, ]!"-{ 1 Ph. Ac VION ¢ MORTGAGRY 467 (2 ) ¢ expressior Ce llec tor lector of the distriet in which the shall mean the Col- o Mortgagpe any part thereof is situated, and Rh“](;litll\:gl]lf:-ld\ [')r(;;)crty or Collector of the 1st grade ; de an Assistant (3) “preseribed” shall mean, 1ypocon: under this Act. ' preseribed by rules made 3. Subject to the provisiong of thi le S is ication of thereunder, the provisions of sectiong 7; %;t ;él dagh%;u !IJ%S ceran setions w1 ot 01, 92, and 101, of the Punap Tenaney Act ,188:7 shall, sooncy At ] i el §87. s may be, apply t : ‘ Oisney gt 3 f}a\l;saAct- y PP1y to all proceedings of 5 Collector under 4. The mortgagor or other § - : 3 person entitled to iti f a suit for redemption may, at any time after the ;lrl:;tx;fi redemption, money becomes payable and before a suit for re i is barred, present a petition to the Collector a;;)lx\'rii??g:lz: order duectlng th_at his mortgage be redeemed and where the mortgage is with possession that he be put in possessi})n of the mortgaged property. The petition shall be -duly verlfie@ in the manner prescribed by law for the verification of plaints, and shall state the sum which the petitioner declares to the best of his belief to be due under the mortg- age. The petitioner shall at the same- time deposit such sum with the Collector. eposit sucl The petitioner shall state in his petition such parti- Particulars to culars and file therewith such documents as may be o ained 39 prescribed. P Verification. Deposit, 5. When the petition has been duly presented and the Mottgagee to deposit has been made, the Collector shall issue to the mort- > "™™moned: gagee a summon to appear on a date to be therein specified. Every summon shall be accompanied by a copy of the peti- tion, with the date of deposit endorsed thereon: : 6. Where the mortgagee appears and the petitioner wfl:ceduertemow does not appear when the petition is called on for heaving, 1™ spetnt ana the Collector shall, unless he adjourns the proceedings, mortgagee pre- make an order that the petition be dismissed, unless the st mortgagee admits he claim, in which case the Collector shall make an order— F (a) that the mortgage be redeemed ; g (b) that where the mortgage is with possession the mortgagor be put in possession of the rr.norfcgag- ed property as against the mortgagee ; 468 REDEMPTION O MORTGAGES 1613 . Ph, A i Ph Aeey, (¢) that the mortgagee deposit with {he t!m mortgage-deed, if any, if then in sion or power, and that it be petitioner ; ) (d) that subject to {he mortgage i i ] age-deed, if an i 50 fleposltc:d by the mortgagee the surr);' it)]fi‘lé‘)g posit be paid to him : L‘- Cal lectop ot I8 pogge:. delivered g the Provided that no such order shall Be made incons: ith ‘any condition of the murtgig"eifvvplgel;l:lg; i, period of the year is fixed for redemption or for surrencop. ing possession. i - Procedure 7. When the petitioner, appeéré,,,but the mortgagee when) rtwcmnnflngdm‘s_ not appear, when the petition, i called on for heglf‘igr:(; mortgagee the Collector shall, unless he adjourns ‘the proceedings, in. shsent. quire in a summary manner (a) whether the petitioner is qu_,qd, to redeem, the mortgaged, property, and (b) vhe the sum deposited by the petitioner is the sum rightly due under mortgage. . ' If the Collector :is not satisfied that'the petitioner is entitled to redeem, he shall dismiss the petition. " If the Collector is satisfied that the petitioner is entitled to redeem, and that the sum deposited is the sum rightly due under the mortgage, he shall make an order as laid down in section 6 (a), (0), (¢) and (d) of this Act. If the Collector is satisfied that petitioner is entitl- ed to redeem, but is of opinion that a sum larger than that in deposit is due under the mortgage, he shall fix a period not exceeding 30 days within which the petitioner shall de- posit the difference, together with any further sum which may be due on account of interest up to the date of deposit If the petitioner makes such deposit within such period cr such further period not exceeding 30 days, as the Collector may fix, the Collector shall make an order in manner aforesaid. If the petitioner fails to make such deposit within the Period fixed, the Collector shall dismiss the petition. Procedure when 8 Whare hoth parties appear when the petition is’ 1:Dthnt':§:g:fm: "¢ called on for hearing, the Collector shall inquire from the order. for - red- mortgagee whether he admis that the petitioner is entitled [ to redeem, whether he is willing to accept the sum in de- posit in full discharge of the mortgage debt, and where the - 1913 : Pb. Act TL| REDEMPTION OF MORTGAGES 469 IAGE ) mnrtgfxgo is with possession whether he is willi render possession of the mortgaged 1),-(,l',e:t;v1 ing to sur- If the mortgagee replies i agee replies in the lector shall make an order as llai(‘iudsgr‘lll\";;twe"t'the 'COL (b), (¢) and (d) of this Act. Ao L If the mortgagee admits the petiti s ti but demands payment of a sum lpargelt??}?;; };fifi 231 rc(leed e(():bt_?t, the Collector shall inquire from the petitioner whetheEL3 he is Wllhn_g to pay such larger sum, and if he replies in tfie affirmation, t.he qulector shall fix a period not exceeding 30 days within w_hlch the petitioner shall deposit the differ- ence, toget}}er with any further sum which may be due on apcount of interest up to the date of deposit. If the peti- tioner makgs such deposit within such ' period or such further period not exceeding 30 days, as the Collector may fix, thé Collector shall make an order as laid down in section 6 (a), (b), (c) and (d) above. R the petitioner fails to make such deposit within the period fixed, the Collector shall dismiss the petition. 9, If the mortgagee raises objection on any ground Procedute i ' contentious other than the amount of the deposit, or if the petitioner is cases, he mortgagee, not willing to pay the sum demanded by t the Collector may either (@) for reasons to be recorded dismiss the petition, or (b) make a summary inquiry regarding the objection raised by the mortgagee or regard- ing the sum due- i arding any objection so raised by Enauicy ot f opinion that it bars re- o ortgngee. ot ceeding further with the petition, he shall dismiss the petition; but if he is the petition s Enquiry re- i inquiry regarding the sum due the Collector Enawry - o0 is oflolpm' gno nthl;qthe sumg ed is the sum l"g:‘}fly %eg o i he dismisses the - under the mortgage, he shall unless Ao secpetibn tion under section 10, make an order 1 A M 6 (a), (b) (c) and (d) of this ém' et lsfh];fflg it osite be depo that a sum larger than :heslsxl:l? Sgless he dismisses the ed by the petitioner, h ., I the petitioner fails to make such de fixed, the Collector shall dis pOsit within the miss the petition, ~ conclusive. ‘ exifi:g & _Notwithstandit_lg anything in this section a mortgagee or orders of dis-2galnst whom an ex-parte order under section 7 has been missel, made or a petitioner whose petition has been dismissed in default under section 6 may apply to the Collector to have such order or dismissal set aside, and the Collector may in his discretion set aside, such order or dismissal on such terms as to costs or otherwise as he may deem fit; provided that the order or dismissal shall not be set aside unless notice of the application has been served on the opposite Jparty: o ol 3 Thw disriidlof & petition under this Act shall bar any further petition under this Act by the same petitioner or his representative in respect of the same mortgage. Return of de- Sasit 14. If the Collector dismisses a petition under this SIt, Act, he shall order that the sum deposited by the petitioner be returned to him. Deposit not to 15, No sum deposited with the Collector by a peti- be attached. ioner under the provisions of this Act shall be attached by any Court or Revenue Officer. Cessation of in- . 16, When" the petitioner has deposited with the terest, Collector the sum declared by him to be due on the mortg- age, and such sum is accepted by the mortgagee, or is _fmigd by the Collector to be the sum actually due, interest on the mortgage shall cease from the date. of the deposit. .- 1913 : Pb. A ct IL.] REDEMPTION op MORTGAGE JAGES Where the Coll " . t ector fi and the petitioner deposits :Lg:sh tilllfi'ttln L pol cease from the date of such furthey d);;) sm._utn, interest shall osit : Provided also that where a suit is instituted under section 12, the court it deems fit. may pass such order as to interest as 17. The [Central Government] shall F = have power {0 Power 1o make make rules, consistent with this Act w 3 ; lles, purposes of this Act. SEERER can-ymg el , =y _ihe Punjab e ,’—Govcmmcnt y' and Con- e rds State Laws on State iGubstituted for the WOTGP, g piation of - . Chandigarh) "P'-’ém‘—“"‘?"." .‘.\ Ovedor. 1968,