LexThe REDEMPTION OF MORTGAGES (HIMACHAL PRADESH) ACT, 1971
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE REDEMPTION OF MORTGAGES (HIMACHAL PRADESH)
ACT, 1971
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent, commencement and limitatio n of scope of
Act to certain mortgages.
2. Definitions.
3. Application of certain sections of the Punjab T enancy Act,
1887 and the Himachal Pradesh Act No. 15 of 1954.
4. Petition for redemption, verification, deposit and particulars
to be contained in petition.
5. Mortgagee to be summoned.
6. Procedure when petitioner is absent and mortgag ee present.
7. Procedure when petitioner is present and mortga gee absent.
8. Procedure when both parties are in attendance, order for
redemption.
9. Procedure in contentious cases.
10. Inquiry into objection raised by mortgagee.
11. Inquiry regarding sum due
12. Saving of suits to establish rights and setting aside ex-parte
orders or orders of dismissal.
13. No second petition.
14. Return of deposit.
15. Deposit not to be attached.
16. Cessation of interest.
17. Power to make rules.
18. Repeal and savings.
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THE REDEMPTION OF MORTGAGES (HIMACHAL PRADESH)
ACT, 1971
(ACT NO. 13 OF 1971) 1
(Received the assent of the Governor on the 20 th October, 1971, and
was published in the Rajpatra, Himachal Pradesh (Ex tra-ordinary), dated the
5th November, 1971, pp. 1335-1340).
1. For the Statement of Objects and Reasons see th e Rajpatra, Himachal Pradesh
(Extra-ordinary), dated the 14 th September, 1971, p. 1167.
2 THE REDEMPTION OF MORTGAGES (HIMACHAL PRADESH) A CT, 1971
An Act to provide a summary procedure for the redem ption of certain
mortgages of land in Himachal Pradesh.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Twenty-second Year of the Republic of India as follows:-
1. Short title, extent, commencement and limitation of scope of
Act to certain mortgages.- (1) This Act may be called the Redemption of
Mortgages (Himachal Pradesh) Act, 1971.
(2) It extends to the whole of Himachal Pradesh.
(3) It shall come into force at once.
(4) It shall apply only to mortgages of land-
(a) in which, whatever the mortgage money, the lan d mortgaged,
after excluding the area of any share in the common land of
the village or of a sub-division of the village app ertaining
thereto and mortgaged therewith, does not exceed in area of
50 acres; or
(b) in which, whatever the area the principal mone y secured
under the mortgage does not exceed 5,000 rupees.
2. Definitions.- In this Act, unless there is something repugnant in the
subject or context,-
(1) the expression “land” means land which is not o ccupied as the site
of any building in a town or village and is occupie d or let for agricultural
purposes of purposes subservient to agriculture or for pasture, and includes-
(a) the sites of buildings and other structures on such land;
(b) a share in the profits of an estate or holding ;
(c) any dues or any fixed percentage of the land r evenue payable
to landowner;
(d) a right to receive rent;
(e) any right to water enjoyed by the owner, or th e occupier of
land as such; and
(f) any right of occupancy;
(2) the expression “Collector” shall mean the Colle ctor of the District
in which the mortgaged property or any part thereof is situated, and shall
include an Assistant Collector of the 1
st grade;
(3) “prescribed” shall mean prescribed by rules mad e under this Act.
3. Application of certain sections of the Punjab Tenancy Act, 1887
and the Himachal Pradesh Act No. 15 of 1954.- Subject to the provisions of
this Act and the rules thereunder, the provisions of sections 79, 85, 86, 87, 89,
90, 91, 92 and 101 of the Punjab Tenancy Act, 1887, (16 of 1887) as
applicable to the areas added to Himachal Pradesh u nder section 5 of the
THE REDEMPTION OF MORTGAGES (HIMACHAL PRADESH) ACT, 1971 3
Punjab Re-organisation Act, 1966 (31 of 1966) and s ections 113, 119, 120,
121, 123, 124, 125, 126 and 135 of the Himachal Pra desh Abolition of Big
Landed Estates and Land Reforms Act, 1953 (15 of 19 54), as in force in the
areas comprised in Himachal Pradesh immediately before 1 st November, 1966
shall, so far as may be, apply to all proceedings o f a Collector under this Act
in the respective areas.
4. Petition for redemption, verification, deposit and particulars to
be contained in petition.- The mortgagor or other person entitled to institute
a suit for redemption may, at any time after the pr incipal money becomes
payable and before suit for redemption is barred, p resent a petition to the
Collector applying for an order directing that his mortgage be redeemed, and
where the mortgage is with possession that he be pu t in possession of the
mortgaged property. The petition shall be duly veri fied in the manner
prescribed by law for the verification of plaints, and shall state the sum which
the petitioner declares to the best of his belief t o be due under the mortgage.
The petitioner shall at the same time deposit such sum with the Collector.
The petitioner shall state in his petition such par ticulars and file
therewith such documents as may be prescribed.
5. Mortgagee to be summoned.- When the petition has been duly
presented and the deposit has been made, the Collec tor shall issue to the
mortgagee a summons to appear on a date to be there in specified. Every
summons shall be accompanied by a copy of the petit ion with the date of
deposit endorsed thereon.
6. Procedure when petitioner is absent and mortgage e present. -
Where the mortgagee appears and the petitioner does not appear when the
petition is called on for hearing, the Collector sh all, unless he adjourns the
proceedings, make an order that the petition be dis missed, unless the
mortgagee admits the claim, in which case the Collector shall make an order-
(a) That the mortgage be redeemed;
(b) That where the mortgage is with possession the mort gagor be
put in possession of the mortgaged property as agai nst the
mortgagee;
(c) That the mortgagee deposits with the Collector the mortgage-
deed, if any, if then in his possession or power, a nd that it be
delivered to the petitioner;
(d) That subject to the mortgage-deed, if any, being so deposited
by the mortgagee the sum in deposit be paid to him:
Provided that no such order shall be made inconsist ent with any
condition of the mortgage whereby a season or perio d of the year is fixed for
redemption or for surrendering possession.
7. Procedure when petitioner is present and mortgag ee absent.-
When the petitioner appears, but the mortgagee does not appear, when the
petition is called on for hearing, the Collector sh all, unless be adjourns the
4 THE REDEMPTION OF MORTGAGES (HIMACHAL PRADESH) A CT, 1971
proceedings, inquire in a summary manner (a) whethe r the petitioner is
entitled to redeem the mortgaged property, and (b) whether the sum deposited
by the petitioner is the sum rightly due under the mortgage.
If the Collector is not satisfied that the petitioner is entitled to redeem,
he shall dismiss the petition.
If the Collector is satisfied that the petitioner i s entitled to redeem,
and that the sum deposited is the sum rightly due under the mortgage, he shall
make an order as laid down in clause (a), (b), (c) and (d) of section 6 of this
Act.
If the Collector is satisfied that petitioner is en titled to redeem, but is
of opinion that a sum larger than that in deposit i s due under the mortgage, he
shall fix a period not exceeding 30 days within whi ch the petitioner shall
deposit the difference, together with any further s um which may be due on
account of interest up to the date of deposit. If t he petitioner makes such
deposit within such period or such further period n ot exceeding 30 days, as
the Collector may fix, the Collector shall make an order in manner aforesaid.
If the petitioner fails to make such deposit within the period fixed, the
Collector shall dismiss the petition.
8. Procedure when both parties are in attendance, o rder for
redemption.- Where both parties appear when the petition is call ed on for
hearing, the Collector shall inquire from the mortgagee whether he admits that
the petitioner is entitled to redeem, whether he is willing to accept the sum in
deposit in full discharge of the mortgage debt, and where the mortgage is with
possession whether he is willing to surrender posse ssion of the mortgage
property.
If the mortgagee replies in the affirmative, the Collector shall make an
order as laid down in clauses (a), (b), (c) and (d) of section 6 of this Act.
If the mortgagee admits the petitioner’s title to r edeem, but demands
payment of a sum larger than that in deposit, the C ollector shall inquire from,
the petitioner whether he is willing to pay such larger sum, and if he replies in
the affirmative, the Collector shall fix a period n ot exceeding 30 days within
which the petitioner shall deposit the difference, together with any further sum
which may be due on account of interest upto the da te of deposit. If the
petitioner makes such deposit within such period or such further period not
exceeding 30 days, as the Collector may fix, the Collector shall make an order
as laid down in clauses (a), (b), (c) and (d) of section 6 of this Act.
If the petitioner fails to make such deposit within the period fixed, the
Collector shall dismiss the petition.
9. Procedure in contentious cases.- If the mortgagee raises objection
on any ground other than the amount of the deposit, or if the petitioner is not
willing to pay the sum demanded by the mortgagee, t he Collector may either
(a) for reasons to be recorded dismiss the petition , or (b) make a summary
inquiry regarding the objection raised by the mortg agee or regarding the sum
due.
THE REDEMPTION OF MORTGAGES (HIMACHAL PRADESH) ACT, 1971 5
10. Inquiry into objection raised by mortgagee.- If on inquiry any
objection so raised by the mortgagee the Collector is of opinion that it bars
redemption or is a sufficient cause for not proceeding further with the petition,
he shall dismiss the petition; but if he is not of that opinion, he shall, unless he
dismisses the petition under section 11, make an order as laid down in clauses
(a), (b), (c) and (d) of section 6 of the this Act.
11. Inquiry regarding sum due.- If on inquiry regarding the sum due
the Collector is of opinion that the sum deposited is the sum rightly due under
the mortgage, he shall, unless he dismisses the petition under section 10, make
an order as laid down in clauses (a), (b), (c) and (d) of section 6 of this Act,
but if he is of opinion that a sum larger than the sum deposited should be
deposited by the petitioner, he shall, unless he di smisses the petition under
section 10, fix a period not exceeding 30 days with in which the petitioner
shall deposit the difference, together with any fur ther sum which may be due
on account of interest upto the date of the deposit. If the petitioner makes such
deposit within such period or such further period n ot exceeding 30 days, as
the Collector may fix, the Collector shall make an order as laid down in
clauses (a), (b), (c) and (d) of section 6 of this Act.
If the petitioner fails to make such deposit withi n the period fixed,
the Collector shall dismiss the petition.
12. Saving of suits to establish rights and settin g aside ex-parte
orders or orders of dismissal.- Any party aggrieved by an order made under
sections 6, 7, 8, 9, 10 or 11 of this Act may insti tute 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 conclusive.
Notwithstanding anything in this section a mortgage e against whom
an ex-parte order under section 7 has been made or a petitioner whose petition
has been dismissed in default under section 6 may a pply to the Collector to
have such order or dismissal set aside, and the Col lector may in his discretion
set aside, such order or dismissal set aside, and t he collector may in his
discretion set aside, such order or dismissal on s uch terms as to costs or
otherwise as he may deem fit:
Provided that the order or dismissal shall not be s et aside unless
notice of the application has been served on the opposite party.
13. No second petition.- The dismissal of a petition under this Act
shall bar any further petition under this Act by th e same petitioner or
representative in respect of the same mortgage.
14. 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.
15. Deposit not to be attached. - No sum deposited with the Collector
by a petitioner under the provisions of this Act sh all be attached by any Court
or Revenue Officer.
6 THE REDEMPTION OF MORTGAGES (HIMACHAL PRADESH) A CT, 1971
16. Cessation of interest. - When the petitioner has deposited with the
Collector the sum declared by him to be due on the mortgage, and such sum is
accepted by the mortgagee, or is found by the colle ctor to be the sum actually
due, interest on the mortgage shall cease from the date of the deposit.
Where the Collector finds that a further sum is due and the petitioner
deposits such further sum, interest shall cease fro m the date of such further
deposit:
Provided that nothing in this section shall be deem ed to deprive the
mortgagee of his right to interest when there exist s a contract that he shall be
entitled to reasonable notice before payment or tender of the mortgage money:
Provided further that where a suit is instituted un der section 12, the
court may pass such order as to interest as it deems fit.
17. Power to make rules.- (1) The State Government may, by
notification in the Rajpatra, Himachal Pradesh, make rules for carrying out the
purposes of this Act.
(2) Every rule made under this Act shall be laid, a s soon as may be
after it is made, before the Legislative Assembly w hile it is in session for a
total period of not less than fourteen days which m ay be comprised in one
session or in two or more successive sessions and i f before the expiry of the
session in which it is so laid or the sessions afor esaid, the Assembly makes
may modification in the rule or decides that the ru le should not be made, the
rule shall thereafter have effect only in such modi fied form or be of no effect,
as the case may be, so, however, that any such modi fication or annulment
shall be without prejudice to the validity of anyth ing previously done under
that rule.
18. Repeal and savings.- The Redemption of Mortgages (Punjab)
Act, 1913 (2 of 1913) as applied to Himachal Prades h by the Himachal
Pradesh (Application of Laws) Order, 1948 and the Redemption of Mortgages
(Punjab) Act, 1913 (2 of 1913) in its application t o the areas added to
Himachal Pradesh by section 5 of the Punjab Re-organisation Act, 1966 (31 of
1966) are hereby repealed:
Provided that anything done or any action taken or ruled made or
notification issued in exercise of the powers confe rred by or under the
provisions of the Acts so repealed to the extent of their being consistent with
the provisions of this Act, shall be deemed to have been done, taken, made or
issued in exercise of the powers conferred by or un der this Act, as if this Act
was in force on the day on which such thing was don e, action taken, rules
made or notification issued.
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