Section 4
section 4.
"o Teiston
Honts peyaie 8. Ifthe Collector finds that any sum s dye to the
agee by way of compensation under sub-section (2)
ct;ol} 7, "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 on under sub-section (2)
mortgagor to deposit the possession i
documents of the land tq ! uire the mortgagee
of title relating the to. mort theg?ggg'togethe eliver to d
r wi ith all possession i of the land tq ! uire the mortgagee eliver to d documents of title relating the to. mort theg?ggg'together wi ith all
Pé’;fié:a&f the
"l;he Collector m,
i |
i |
p
1938: Pb. Act IV.] RESTITUTION oF MORTGAGED
LANDS UTION o
LANDS
froma
LANDS [10. Anappeal shalllie froman original ora
made under this Act, as follows, namely ;— p [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 ; Commissio
by a Collector ;
(b) to the Financial Commissioner ''when the order is made by a Commissioner: to the Financial Commissioner
is made by a Commissioner:
Provided that when an original order is confirmed
irst appeal a further appeal shall not lie.} Provided that when an original order is
on first appeal a further appeal shall not lie.}
7[10-A. The Financial Commissioner may, at any
n motion or on application made, call f . 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 e, 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: record of any case pending or decided under this Ac
may in any such case pass such order as he thinks fit: Revision.
Provided that he shall not under this section pass any
reversing or modifying any proceedings or order 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 der reversing or modifying any proceedings or order without giving the person concerned an opportunity of being heard.] thout giving
being heard.]
(1) The period of limitation for an appeal under
(a) when the appeal lies to the Commissioner— Sixty days; when the ap
Sixty days;
(b) when the appeal lies to the Financial Commis- sioner—Ninety days.. appeal
sioner—Ninety days.. :
(2) In computing the period of limitation for an ap-
under this section the period requisite for obtaining (2) In computing the period of limitation for an ap- peal under this section the period requisite for obtaining copies of the order appealed against shall be excluded. peal under this section the period requisite for obtainin
copies of the order appealed against shall be excluded.
The provisions of section 5 of the Indian Limita-
*Substituted for the old section by Punjab Act I of 1943, section 3.
2Added by ibid, section 4,
ty,
TR - ave. jurisdiction to g .
'ght under a m
R o Jurisdiction of
e
MR )
ave. jurisdiction to g .
.°12,- No - civil court shall h'ght under a mortga e»er
im any ti 5age de.
i ol oo R o sdiction of
e
MR - ci
im all h'g
any ti
R a
5age r
de. )
urisdiction of .°12,- No - civil court
e im
MR i ol oo
3?1?31:;, of any proceeding TR - ave. jurisdiction to g
'ght under a mortga
5age
R o
] b i ol oo R
3?1?31:;, of any proceedings under
. ] b o
. rnment]
n
o
for the purpose of giving effect to the provisions of this Act,
may, subject o
may, su
for the in .
d rnm
(1) The ![Central Govern
iln of previous publicatio may, sub
may, su R o . (1) The ![Central Govern
A the gndi(tiln of previous publication, ma
In
t] particular i
regoing and without i
ower the l[Cen preju judice to the gepe.
tga! Govell;nmtgxfi] Sl}all In particular i and without i preju judice to the gepe. ralitfi))f t]?e?gregoing power the l[Centga! Govell;nmtgxfi] Sl}all make
matter rules
name regulating
y:— or determining the fo owing make rules regul
matters, namely:—
the
(b) the procedure by which the Collector shall deal with such petitions under sections 5, 6 and 7 the procedure by which the Collector shall deal with such petitions under sections 5, 6 and 7 of the Act and assess compensation, if a th such petitions under sections 5, 6 and
of the Act and assess compensation, if any;
(c) the Col he Collector proced
the
mortga lector procedure and principles by which
shall assess the amount due the
e Coll
the
crui re and principles by which the
shall assess the amount due under
e, and the value of the benefits the
cruing mor lector
shall assess the amount due under
ing mortgage, and the value of the benefits ac- to the mortgagee while in possession; age, and the value of the benefits ac- to the mortgagee while in possession;
this
(¢) the procedure for enforcing
) g
mortgagee anq delivery of enforcing ej ) g ej
ivery of pc') the procedure for enforcing ej ) g ejectment of the mortgagee anq delivery of pc')]ssession to the mortgagor under section