ar — THE PUNJAB RESTITUTION OF MORTGAGED ' LANDS ACT, 1838. T

5 ar "Mortgagor" or '"mortgagee" respectively shall A mortgagor to whose land the provisions of this Petition for res- Act apply, may lector praying mortgaged. Th at any time present a petition to the Col- for restitution of possession of the land petition shall be duly verified in the lector pray mortgaged. manner pr g for restitution of possession of the land The petition shall be duly verified in the cribed for such petitions. mortgaged. The petition shall be dul manner prescribed for such petitions. On receipt .7.. (1) If the Collector finds that the mortgage is one power of Collector this Act applies he shall, notwithstanding any- to g f the Collector finds that the mortgage is one power of Collec to which this Act applies he shall, notwithstanding any- to g (Jeclare thing contained in any other enactment for the time being amerr o fovo 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 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" 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 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 p B i sum .. iti mortga certain A ee in cases. e exceed twice the amount of the principal sum origin B .. advanced under the mortgage, order in writing— . tg in A e as e (a; that the mortgage be extinguished ; and (b) where the mortgagee is still in possession, (a; that the mortgage be extinguished ; and (b) where the mortgagee is still in possession, that the mortgagor be put into possession of the where the mortgagee is still in possession, that the mortgagor be put into possession of the mortgaged land as against that the title deeds, if any, the mortgagee and restored to the mortgaged land as against the mortgagee and that the title deeds, if any, be restored to the mortgagor. . . ich this Act applies, the Cgy ie benefits enjoyed by the moi(t ich this Act applies, the Cgy e]su;(:)fwt}llie benefits enjoyed by the moi(t:: a . " ion sg i ; han twice the amoy svgnced and some Payxlx . ion i han twice the amoy gagee while " pos s::isgl?nr;;lsylzidsvgnced and some Payxlxlfegf ((i)f the Payxlxlfegf 1[:1 2tifirg:$%g tlie mortgagee accordél}gl_go vgfil ;ergi ((i)f the rilortgage the Collector 1[:1 2tifirg:$%g tlie mortgagee acco rilortgage the Collector shall, by withstanding anything contained ordr fly other éna tIIOt~ land bo Ctmeng 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 withstanding anything contained in aflyh for the time being in force direct that the nd bo Ctmeng iied res{)?red to the mortgagor and he be put into p%sseth however, to the payment of compensation yt h s1t1 ject, fi gagor 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 scale:— the fo Owing to the r scale:— " (i (2) If incas s that, the va . (2) If incas tor finds that, the va revenue assessed on the & tl;;r;g attlrtlfies time when it was mortgaged if the mortgagee has been in possession for a period l;;r;g attlrtlfies time when it was mortgaged if the mortgagee has been in possession for a period exceeding thirty years but not has been in possession for a period exceeding thirty years but not exceeding forty years; exceedi years; :— " (i) thi imes the land revenue assessed on the lrtlfies time (if) fifteen times the land revenue assessed on the land at the time when it was mortgaged if the fifteen times the land revenue assessed on the land at the time when it was mortgaged if the mortgagee has been in possession when it was mortgaged if the mortgagee has been in possession for a period exceeding forty years but not exceeding mortgagee has been in possession for a period exceeding forty years but not exceeding fifty years; exceedi years; (#ii) five times the land revenue assessed on the land at the time when it was mortgaged if the 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 land at the time when it was mortgaged if the mortgagee has been in possession for a period exceeding fifty years, has been exceeding fifty years, Explanation.—The Collector shall for_the burposes of this sectjon od of possession from the date on which the mortgagee entered i 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 sectio s 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. agee

Section 5