Punjab Redemption and Restitution of Mortgaged Lands Act, 1964
PUNJAB REDEMPTION AND RESTITUTION OF MORTGAGED LANDS ACT, 1964
(W.P. Act XIX of 1964)
C O N T E N T S
1. Short title,
extent and commencement.
Redemption of Mortgages
3. Petition for
4. Deposit of amount
due under mortgage.
5. Powers of
Collector to order ejectment.
6. Directions that the Collector shall make when ordering
7. Saving of suits to
8. No second
9. Cessation of
Restitution of Mortgages
10. Petition for
11. Petition when to be
12. Power of Collector
to declare and enforce orders in favour of mortgagor.
13. Effect of order of
restitution when compensation is payable.
16. Limitation for
17. Jurisdiction of
Civil Court barred.
18. Collector’s powers
to deliver possession.
19. Collector to have
certain powers of Civil Courts.
20. Application of
Civil Procedure Code in certain matters.
21. Return of deposit.
22. Deposit not to be
23. Power to make
24. Repeal and savings.
REDEMPTION AND RESTITUTION OF MORTGAGED LANDS ACT, 1964
(W.P. Act XIX of 1964)
An Act to consolidate the law relating to
the redemption and restitution
of certain mortgages of land in the
province of [the
WHEREAS it is expedient to consolidate the law relating to the redemption
and restitution of certain mortgages of land in the province of
Punjab], in the manner hereinafter appearing;
It is hereby enacted as follows:-
1. Short title, extent and
commencement.– (1) This Act may be called the
Redemption and Restitution of Mortgaged Lands Act, 1964.
(2) It extends to the whole of
the province of [the
Punjab], except the Tribal Areas.
(3) It shall come into force in such
areas and from such dates as Government may, by notification in the official
2. Definitions.– In this Act, unless
the context otherwise requires, the following expressions shall have the
meaning hereby respectively assigned to them that is to say–
(a) “Board of Revenue”
means the Board of Revenue established under the
Board of Revenue Act, 1957;
“Collector” means the Collector of the district in which the mortgaged land
or any part thereof is situated, and shall include any Revenue Officer
specially empowered by the Board of Revenue to perform the duties of a
Collector, for the purposes of this Act;
“Commissioner” means a Commissioner of a Division appointed under the Punjab
Land Revenue Act, 1967 (XVII of 1967) and includes an Additional
(d) “Government” means the
Government of the Punjab];
“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 purposes or for
purposes subservient to agriculture or for pasture, and includes–
(i) the sites of
buildings and other structures on such land;
(ii) a share in the
profits of an estate or holding;
(iii) a right to receive
(iv) any right to water
enjoyed by the owner or occupier of land as such; and
(v) all trees standing
on such land;
(f) “mortgagor” or “mortgagee”
includes the assignee and the representative in interest of such “mortgagor”
or “mortgagee” as the case may be;
(g) “prescribed” means
prescribed by rules made under this Act.
Redemption of Mortgages
Petition for redemption.–
After the principal money becomes due and before a suit for redemption is
barred, a mortgagor of land not exceeding fifty acres in area or of land the
principal money secured by which does not exceed five thousand rupees, may
apply to the Collector for an order directing that the mortgage be redeemed
and that he be put in possession.
Explanation I– The area of any
share in the common land of the village or of sub-division appertaining
thereto and mortgaged with the land, shall not be taken into consideration
while determining the area of the land mortgaged.
Explanation II– This section
shall not apply to usufructuary mortgage effected for a specific number of
years and intended to terminate without the repayment of any part of its
4. Deposit of amount due under mortgage.–
The mortgagor shall in his application declare what sum is to the best of
his knowledge due under the mortgage and deposit such sum with the Collector
at the time of making the application.
5. Powers of Collector to order
ejectment.– Where the Collector, after hearing the mortgagee and holding
such enquiry as may be prescribed, is satisfied that the mortgagor has a
right to redeem and has deposited or is prepared to pay the sum which the
Collector finds due under the mortgage, he shall make an order directing
that mortgage be redeemed.
Directions that the Collector shall make when ordering ejectment.–
(1) Where the Collector makes an order for the redemption of a mortgage, and
the whole of the mortgage amount found due has been deposited with him, the
order shall direct that such amount be paid to the mortgagee and the excess
amount if any deposited by the mortgagor be refunded to him.
(2) Where the whole of the mortgage
amount found due has not been deposited, the order for the redemption of the
mortgage shall direct–
(a) that a sum which together with the sum already deposited will
equal the mortgage amount found due be deposited with the Collector by the
mortgagor within thirty days or within such further period as may be
specified by the Collector in this behalf;
(b) that on deposit of
such amount together with costs, if any, the mortgage shall be extinguished
and the mortgagee shall deliver possession of the mortgaged land to the
mortgagor, whose title thereto shall be deemed to have accrued from the date
of such deposit; and
(e) that the mortgage
amount found due by the Collector and deposited by the mortgagor, together
with costs, if any, be paid to the mortgagee.
(3) If the mortgage amount and the
costs (if any) are not deposited within the period specified in sub-section
(1) the petition shall be dismissed with costs.
7. Saving of suits to establish rights.–
Any party aggrieved by an order of the Collector passed under section 5 or
6, may institute a suit to establish his rights in respect of the mortgage;
but, subject to the result of such suit, if any, the order shall be
that notwithstanding the provisions of Article 14 of Schedule I of the
Limitation Act of 1908, a mortgagor may file a suit for the redemption of
his mortgaged land within the un-expired period of limitation fixed by law
for the redemption of the mortgaged land.]
8. No second petition.– The dismissal
of a petition under this Chapter shall bar any further petition under this
Chapter by the same petitioner or his representative in interest in respect
of the same mortgage.
9. Cessation of interest.– When the
petitioner has deposited with the Collector the sum declared by the
Collector to be due on the mortgage, and such sum is accepted by the
mortgagee, or is found by the Collector to be the sum actually due, interest
on the mortgage shall cease from the date of the deposit.
Restitution of Mortgages
Petition for restitution.– The
mortgagor of any subsisting usufructuary mortgage not less than twenty years
old, or of any usufructuary mortgage the period whereof has expired, may
present a petition to the Collector for the restitution of possession of the
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.
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
in case of an express contract to the effect that the mortgagee shall be
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 of 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.
(1) Save as otherwise provided by this Act an appeal shall lie from an
original order of the Collector to the
(2) Save as otherwise provided by the Act, an appeal shall lie to the Board
of Revenue from every order passed in appeal by the [Commissioner],
on 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
(c) a substantial error or defect in the procedure provided by this
Act or by any other law for the time being in force, which possibly have
produced an error or defect in the decision of the case.
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.
Commissioner] 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
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.
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 be–
(i) sixty days, when
the appeal lies to the [Commissioner];
(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 provision of section 5 of the
Limitation Act 1908, shall apply to appeals under this Chapter.
17. Jurisdiction of
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.
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 XXI of
the Code of Civil Procedure, 1908.
19. Collector to have certain
powers of Civil Courts.– (1) 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
(d) examining witnesses on
(e) granting adjournments;
(f) receiving evidence taken
(g) issuing commission for
the examination of witnesses; and
(h) summoning and examining
suo moto 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 appearance of parties and consequences of
non-appearance, shall apply to all proceedings under this Act.
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.
Return of deposit.– If the
Collector dismisses a 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, make 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
(b) the procedure before
(c) the manner in which
the Collector shall assess compensation;
(d) the principles on
which the Collector shall assess the amount 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
North-West Frontier Province Redemption of
Mortgages Act, 1935;
Punjab Restitution of Mortgaged Lands Act, 1938;
(e) The Punjab
Restitution of Mortgaged Lands Act, 1938,
as applicable to the former State of
North-West Frontier Province Restitution of
Mortgaged Lands Act, 1950.
Notwithstanding the repeal of the enactments mentioned in 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.
statement of objects and reasons, see Gazette of West Pakistan
25th February, 1964, pages 593-J to 593-R.
This Act was
passed by the West Pakistan Assembly on 24th March, 1964; assented to by
the Governor of West Pakistan on 3rd April, 1964; and, published in the
West Pakistan Gazette (Extraordinary), dated 4th April, 1964, pages
1100-C to 1100-J.
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West
by the Punjab Laws (Amendment) Act 2011
(VI of 2011).
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for
“Government of West Pakistan”.
by the West Pakistan Redemption and
Restitution of Mortgaged Lands (Amendment) Act, 1967 (VII of 1967).
for the words and brackets “Executive District Officer (Revenue)” by the
Punjab Laws (Amendment) Act 2011 (VI of 2011).
for the words and brackets “An Executive District Officer (Revenue)”.
for the words and brackets “an Executive District Officer (Revenue)” by
the Punjab Laws (Amendment) Act 2011 (VI of 2011).
for the words “Executive District Officer (Revenue)”.