(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 purposes or for pur- poses subservient to agriculture or for pasture, and includes—
(a) the sites of buildings and other structures on such land;
(b) asharein 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 2 superior land-owner;
(d) aright toreceive rent; : (¢) any right to water enjoyed by the owner or occupier of land as such; ' : (f) any right of occupancy; and (2)(51)'h2u trees standing on such land. ¢ expression “Collector” means the Collector of the district in which the morgtaged property of any shall include an Assistant *[Central Government to perf tor for the purposes ]of tph.is (thl.t Substituted for the words “Stafe Gamir———— tion i 4 9 Government” p, i a- 166 (Chandigarh) (Adaptation of Laws on State and Conbe Pn:'m;‘!:bjgtfo;w" - *This Act came into force on 15th M cationtion No. 2653-R, dated 136, Man 15939, vide. Punjab Governmment Nolifi s 1939, gt o
1938. Pb. Act IV.] RESTITUTION OB MORTGAGED LANDS 29 ’[(2a) The expression ‘“‘Commissioner” means the Commissioner of the division in which -the mortgaged property or any part thereof is situated, and shall include any officer specially empoweredby the §[Central Government] to perform the duties of a Commissioner for the purposes of this Act.] 5 ar
(3) “Prescribed” means prescribed by rules made under this Act. '
(4) “Mortgagor” or ‘“mortgagee” respectively shall include the assignee and the representative-in-interest of such “mortgagor” or “mortgagee” as the case may be.
4. A mortgagor to whose land the provisions of this Petition for res- Act apply, may at any time present a petition to the Col- fitution.
lector praying for restitution of possession of the land mortgaged. The petition shall be duly verified in the manner prescribed for such petitions.
S. On receipt of such petition the Collector, after Procedure for dealsuch enquiries as may be prescribed , shall record an order 2% Testitation. " in writing with reasons stating whether the mortgage in question is one to which this Act applies.
- 6. If the Collector finds that the mortgage is one to Pefition when to which this Act does not apply , he shall dismiss the petition. ismissed.
.7.. (1) If the Collector finds that the mortgage is one power of Collector to which this Act applies he shall, notwithstanding any- to g (Jeclare thing contained in any other enactment for the time being amerr o fovour in force in cases where he finds that the value of the benefits oof (morteagor enjoyed by the mortgagee, while in possession, equal or “pencationte” exceed twice the amount of the principal sum originally mortgagee in B .. certain cases. advanced under the mortgage, order in writing— . A e (a; that the mortgage be extinguished ; and
(b) where the mortgagee is still in possession, that the mortgagor be put into possession of the mortgaged land as against the mortgagee and that the title deeds, if any, be restored to the mortgagor. . .
nserted by Punjab Act 1 of 1943, section 2.
- .. *Substituted for the words “‘State Government” by the Punjab ‘Re-orgamsa- .1“9%% (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, OF MORTGAGED 1938: Pb. Act Iv,] LANDS ich this Act applies, the Cgy e]su;(:)fwt}llie benefits enjoyed by the moi(t::
. ion i han twice the amoy gagee while " pos s::isgl?nr;;lsylzidsvgnced and some Payxlxlfegf 1[:1 2tifirg:$%g tlie mortgagee accordél}gl_go vgfil ;ergi ((i)f the rilortgage the Collector shall, by ordr other éna tIIOt~ withstanding anything contained in aflyh land bo Ctmeng for the time being in force direct that the iied res{)?red to the mortgagor and he be put into p%sseth s1t1 ject, however, to the payment of compensation yt h e H}Ofi gagor to the r;wrtgagee at rates not exceeding the fo Owing scale:— " (i) thi imes the land revenue assessed on the & tl;;r;g attlrtlfies time when it was mortgaged if the mortgagee has been in possession for a period exceeding thirty years but not exceeding forty years;
(if) fifteen times the land revenue assessed on the land at the time when it was mortgaged if the mortgagee has been in possession for a period exceeding forty years but not exceeding fifty years;
(#ii) five times the land revenue assessed on the land at the time when it was mortgaged if the mortgagee has been in possession for a period exceeding fifty years,
Explanation.—The Collector shall for_the burposes of this sectjon compute the period of possession from the date on which the mortgagee entered into possession to the date of the presentation of the petition under section 4.
"o Teiston 8. Ifthe Collector finds that any sum s dye to the Honts peyaie of wgagee by way of compensation under sub-section (2) tion is payable. of sect;ol} 7, he shall require the mortgagor to deposit the 30 RESTITUTION
(2) If incas tor finds that, the va i uire the eliver possession of the land tq ! mortgagee to d the mort ith all documents of title relating to. theg?ggg’together wi Pé’;fié:a&f the 9. "l;he Collector m, i | p 1938: Pb. Act IV.] RESTITUTION oF MORTGAGED 31 LANDS [10. Anappeal shalllie froman original ora order made under this Act, as follows, namely ;— ppellate Appea.
(a) to the Commissioner * when the order is made by a Collector ;
(b) to the Financial Commissioner ‘'when the order is made by a Commissioner:
Provided that when an original order is confirmed on first appeal a further appeal shall not lie.} 7[10-A. The Financial Commissioner may, at any time, of his own motion or on application made, call for the record of any case pending or decided under this Act and may in any such case pass such order as he thinks fit:
Provided that he shall not under this section pass any order reversing or modifying any proceedings or order without giving the person concerned an opportunity of being heard.]