Land, Mortgage, Title Deeds
An act to provide a Summary &cedurb for the
Redemption of certah Mortgages of Land in
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
(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
$[orthe Patiala Alienation of Land Act, 1972 Bk.]
Definitions. 2. In this Act, unless there is something repugnant iii the
subject or context,-
(I) the expression ‘land means land whch is not occupied
as the site of any building in a town or village and is occupied or let
for agriculturalpurposes or purposes subservient to agriculture or for
pasture, and includes –
(a) the sites of building and other structures on such land ;
0) a share in the profits ofan estate or holding ;
I. Substituted for ihe w~rd”Punjab”byHaryana Adaptarion ocLaws (Statc and
Concurrent Subjects) Order, 1968.
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- Substituted by FunjabAct 7 of1934, Tot “30 acres”.
- Now stand repealedbYAdaptationofLaws (~~~ird~rnendment] ~rde;,1951.
- Thewords “or the Patiala Alienatioi~ofland .kt. I972 Bk”addcd by Punjab
Act No.18 of 1958, section 4 (2).1913 :Pb.Act2j REDEMPT~ONOFMORT”WAGES
(c) any ,dues or .any ,fixed percentage of the land
reve& pa$&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
(3) “prescribed” shall mean prescribed by rules made
under this Act.
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.
- 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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