Explanation: A mortgage shall be deemed to subsist for the purposes of this Chapter notwithstanding a decree or order for its redemption having been passed ; provided that redemption has not taken place before the presentation of a petition under this section.

 

11.       Petition when to be dismissed: Where the Collector is satisfied that a petition is not in respect of a subsisting usufructuary mortgage not less than twenty years old, or a usufructuary mortgage the period whereof has expired, he shall dismiss the petition, recording his reasons for such order.

 

12.       Power of Collector to declare and enforce orders in favour of mortgagor: If the Collector finds that the application is in respect of mortgaged land the possession whereof has remained with the mortgagee for a period of not less than twenty years, or is in respect of mortgaged land the term of the mortgage whereof has expired, he shall notwithstanding anything contained in any other enactment for the time being in force or any contract or decree or order of any Court-

(a)        order that the mortgage shall be extinguished without payment of the mortgage money or any part thereof;

(b)        in case of an express contract to the effect that the mortgagee shall been entitled to compensation for improvements made by him in the mortgaged land determine the amount of such compensation; and

(c)        where the mortgagee is in possession, direct that the mortgagor be put into possession of the mortgaged land as against the mortgagee and that the title deeds, if any, of such land in the possession of the mortgagee be restored to the mortgagor.

 

13.       Effect off order of restitution when compensation is payable: If the Collector finds that any sum is due to the mortgagee by way of compensation under clause (b) of Section 12, he shall require the mortgagor to deposit the amount in such manner as may be prescribed ; and on deposit of the amount he shall declare the rights of the mortgagee extinguished and require the mortgagee to deliver possession of the land to the mortgagor together with all documents of title relating to the land :

Provided that if a petitioner fails to deposit the amount within six months, his petition may be dismissed.

 

14.       Appeals: (1) Save as otherwise provided by this Act, an appeal shall lie from an original order of the Collector to the 1[‘‘Executive District Officer (Revenue)’‘]. 

(2)        Save as otherwise provided by this Act, an appeal shall lie to the Board of Revenue from every order passed in appeal by the 2[‘‘Executive District Officer (Revenue)’‘]. 

, or any one of the following grounds, namely: –

(a)        the decision being contrary to law or to some usage having the force of law ;

(b)        the decision having failed to determine some material issue of law or usage having the force of law.

 

Legal Amendments

1.         Subs. by the Punjab Redemption and Restitution of Mortgaged Land (Amendment) Ordinance, 2001. 

2.         Subs. by the Punjab Redemption and Restitution of Mortgaged Land (Amendment) Ordinance, 2001. 

 

15.       Revision; (1) The Board of Revenue may at any time call for the record of any case pending before, or disposed of, by any Revenue Officer subordinate to it.

(2)        A 1 [‘‘Executive District Officer (Revenue)’‘] may call for the record of any case pending before, or disposed of, by any Revenue Officer under his control.

(3) The Board of Revenue may in any case called for under sub-section (1) and a Commissioner may in any case called for under sub-section (2) pass such order as it or he thinks fit:

Provided that no order shall be passed under this section reversing or modifying any proceedings or order of a subordinate Revenue Officer and affecting any question of right between private persons without giving those persons an opportunity of being heard.

 

Legal Amendments

1.         Subs. by the Punjab Redemption and Restitution of Mortgaged Land (Amendment) Ordinance, 2001. 

 

16.       Limitation for appeals: (1) The period of limitation for an appeal under Section 14 shall run from the date of the order appealed against, and shall been

(i)         sixty days, when the appeal lies to the 1 [‘‘Executive District Officer (Revenue)’‘]. 

(ii)        ninety days, when the appeal lies to the Board of Revenue ;

(2)        In computing the period of limitation for an appeal under this section, the period requisite for obtaining copies of the order appealed against shall be excluded.

(3) The provisions of Section 5 of the Limitation Act, 1908 shall apply to appeals under this Chapter.

 

Legal Amendments

1.         Subs. by the Punjab Redemption and Restitution of Mortgaged Land (Amendment) Ordinance, 2001. 

17.       Jurisdiction of Civil Court barred: No Civil Court shall have jurisdiction to entertain any claim or enforce any right under a mortgage declared extinguished under this Chapter or to question the validity of any proceedings under this Chapter.

 

CHAPTER IV

SUPPLEMENTARY

 

18.       Collector’s powers to deliver possession: (1) On redemption or extinguishment of a mortgage under this Act the Collector shall eject the mortgagee and deliver possession of the mortgaged land to the mortgagor.

(2)        In case of resistance, the Collector may exercise all the powers conferred on a Civil Court by Rules 97 and 98 of Order XI of the Code of Civil Procedure, 1908.

 

19.       Collector to have certain powers of Civil Courts : For the purpose of any proceeding under this Act the Collector shall have the same powers as are vested by the Code of Civil Procedure, 1908, in a Court trying a civil suit and in particular powers in respect of-

(a)        discovery and inspection ;

(b)        Enforcing the attendance of witnesses and requiring the deposit of their expenses ;

(c)        compelling the production of documents ;

(d)        Examining witnesses on death;

(e)        granting adjournments ;

(f)         receiving commissions for the examination of witnesses ;

(g)        receiving evidence taken on affidavit; and

(h)        summoning and examining suo motu any person whose evidence appears to be material.

 

20.       Application of Civil Procedure Code in certain matters: (1) Save as in this Act otherwise expressly provided the provisions of the Code of Civil Procedure, 1908, relating to recognized agents and pleaders, issue and service of summons, verification of plaints, costs and i pear? ice of parties and consequences of non-appearances, shall apply to all proceedings under this Act.

(2)        Notwithstanding anything contained in the last preceding sub-section, the Collector may direct that a summons or proclamation may be sent by registered post and on proof of the fact that a summons or proclamation has been forwarded in a letter properly addressed and duly posted and registered, he may presume that the summons or proclamation was served at the time when the letter would be delivered in the ordinary course of post.

 

21        Return of deposit: If the Collector dismiss petition under this Act, he shall order that the sum deposited by the petitioner be returned to him.

 

22.       Deposit not to be attached: No sum deposited with the Collector by a petitioner under the provisions of this Act shall be attached by any Court or Revenue Officer.

 

23.       Power to make rules: (1) The Board of Revenue may with the approval of Government and after previous publication made rules for the purpose of giving effect to the provisions of this Act.

(2)        In particular and without prejudice to the generality of the foregoing power, the Board of Revenue may make rules regulating or determining the following matters, namely: –

(a)        the presentation of petitions ;

(b)        the procedure before the Collector ;

(c)        the manner in which the Collector shall assess compensation’’,

(d)        The principle on which the Collector shall assess the amount due under the mortgage;

(e)        the procedure for making deposit; and

(f)         the procedure for ejecting the mortgagee and delivering possession of the mortgaged property to the mortgagor. ;

 

24.       Repeal and savings: (1) The following enactments are hereby repealed: –

(a)        The Redemption of Mortgages (Punjab) Act, 1913;

(b)        The Redemption of Mortgages (Punjab) Act, 1913, as applicable to the former State of Bahawalpur ;

(c)        The North-West Frontier Province Redemption of Mortgages Act, 1935;

(d)        The Punjab Restitution of Mortgaged Lands Act, 1938;

(e)        The Punjab Restitution of Mortgaged Lands Act, 1938, as applicable to the former State of Bahawalpur; and

(f)         The North-West Frontier Province Restitution of Mortgaged Lands Act, 1950.

(2)        Notwithstanding the repeal of the enactments mentioned ins sub-section (1), all proceedings commenced, rules framed, orders made and other acts done under any of the repealed enactments, shall, if not inconsistent with the provisions of this Act, so far as may be, be deemed to have been respectively commenced, framed; made and done under this Act

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