Keyword(s):
Land, Mortgage, Title Deeds
An act to provide a Summary &cedurb for the
Redemption of certah Mortgages of Land in
‘IHaryana.1
Whereas it is expedient to provide a summarylprocedure for
“
the redemption ofcertain mortgages of land in [Haryana;]’ –
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It is hereby enacted as follows : . ,
- (I) This Act may be called the Redemption–ofMortgages
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Title.
ExlnlfLimitation
orscopcofAct to
certain
mortgages.
(Punjab) Act, 1913.
(2) Itextendstol[Haryana.] –
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(3) It shall apply only to mortgages of land –
(rr) in which, whatever the mortgage money, the land
mortgaged, after excluding the area of any share in the
common land of the village or of a sub-division of the
village appertainingthereto and mortgaged therewith, does
not exceed in area “50 acres] ;or
(El in which, whatever the area, the principal 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
$[orthe Patiala Alienation of Land Act, 1972 Bk.]
Definitions. 2. In this Act, unless there is something repugnant iii the
subject or context,-
(I) the expression ‘land means land whch is not occupied
as the site of any building in a town or village and is occupied or let
for agriculturalpurposes or purposes subservient to agriculture or for
pasture, and includes –
(a) the sites of building and other structures on such land ;
0) a share in the profits ofan estate or holding ;
I. Substituted for ihe w~rd”Punjab”byHaryana Adaptarion ocLaws (Statc and
Concurrent Subjects) Order, 1968.
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- Substituted by FunjabAct 7 of1934, Tot “30 acres”.
- Substitutedbyibid,for”I,OOO”.
- Now stand repealedbYAdaptationofLaws (~~~ird~rnendment] ~rde;,1951.
- Thewords “or the Patiala Alienatioi~ofland .kt. I972 Bk”addcd by Punjab
Act No.18 of 1958, section 4 (2).1913 :Pb.Act2j REDEMPT~ONOFMORT”WAGES
29 1
(c) any ,dues or .any ,fixed percentage of the land
reve& pa$&le by ‘dn inferior land-owner to a
superior land-&er , , . ;’
(d) aright to receive rent ;
e any right to watki!’enjoyedby the owner or the
occupier of land assuch ;and
fl any right of occupancy ;
(2 the expression4’C~Il&t~r”shall mean the Collector
of thedistrictinwhichthemortgagedproperty or any part thereof
is situated, and shall include an Assistant Collector of the 1st
grade 1
(3) “prescribed” shall mean prescribed by rules made
under this Act. - SubjecttotheprovisionsofthisActandtherules
thereunder, the provisions of sections 79,85, 86,87, 89, 90,
16 of 91,92 and 10 1ofthe PunjabTenancyAct, 1887,shdl, so far as
1887- maybe, applyto all proceedings ofaCollectorund~rthis Act.
‘ I.. - The mortgagor or other person entitled to institute
a suit for redemption may, at any time after the principal money
becomes payable and before a suit for redemption is barred,
present apetition to the Collector applying for anorder directing
that his mortgage bz redeemed, andwhere the 9ortgage.i~with
possession that he be put in possession of the mortgaged
property. The petition shall be duly verified in the manner
- prescriid by law for the verification of plaints, and-shallstate
the sum which the petitioner declares to the best of his belief
to bedue undathe mortgage. nepetitioner shall at the same
time deposit such sum with the Collector. . .
The petitioner shall state in his petition such particulars
and file therewith such documents as may be prescribed.
- When the petition has been duly presented and the
deposit has been made, the: Cullector shall issue to the
mortgagee a summons to appear on a date to batherein
specified. Every summons shaIl be a~ompaniedby a copy of
the’pifiti~n,with the date of deposit endorsed:thereon.
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