N.-W.F.P. Restitution of Mortgaged Lands Act 1950

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ACT XXXII OF 1950

NORTH-WEST FRONTIER PROVINCE RESTITUTION OF MORTGAGED LANDS ACT, 1950

An Act to provide for the restitution of lands on which a mortgage subsists, which was effected prior to 1st January 1920

No. 4144-LD, 14th October 1950.-The Act of the North-West Frontier Province Legislative Assembly having been assented to by the Governor, North-West Frontier Province, on the 13th October 1950 was published in the Gazette, dated 18th October 1950.

Preamble.-Whereas it is expedient to provide for the restitution of certain mortgaged lands in the manner hereinafter appearing.

It is hereby enacted as follows:-

  1. Short title, extent and commencement.-(1) This Act may be called the North-West Frontier Province Restitution of Mortgaged Lands Act, 1950.

(2) It extends to the whole of the North-West Frontier Province.

(3) It shall come into force at once.

  1. Application of the Act to mortgages.-Notwithstanding anything contained in any contract or decree or order of any Court or any enactment for the time being in force, this Act shall apply to all subsisting mortgages of land, which were effected prior to 1st January 1920.

  2. Definitions.-(i) 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 purposes subservient to agriculture or for pasture, and includes

(a) the site 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 revenue payable by an inferior land owner to a superior land owner ;

(d) a right to receive rent ;

(e) any right to water enjoyed by the owner or occupier of land as such ; and

( f ) all trees standing on such land.

(2) The expression "Collector" means the Collector of the district in which the mortgaged property or any part thereof is situated, and shall include an Assistant Collector of the first grade specially empowered by the Provincial Government to perform duties of the Collector for the purposes of this Act ;

(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.

  1. Petition for restitution.-A mortgagor to whose land the provisions of this Act apply, may at any time, present a petition to the Collector praying for restitution of possession of the land mortgaged. The petition shall be duly verified in the manner prescribed for such petitions.

  2. Procedure for dealing with petition for restitution.-On receipt of such petition the Collector, after such enquiries as may be prescribed, shall record an order in writing with reasons stating whether the mortgage in question is one to which this Act applies.

  3. Petition when to be dismissed.-If the Collector finds that the mortgage is one to which this Act does- not apply, he shall dismiss such petition.

7-Extinguishments of mortgages.---If the Collector finds that the mortgage is one to which this Act applies, he shall notwithstanding anything contained in any contract or decree or order-of any Court or any enactment for the time being in force order in writing :-

(a) that the mortgage shall .- be extinguished without payment of mortgage money;

(b) in case of an express contract for improvements the mortgagee shall be entitled to compensation for improvements made by him; and

(c) 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 deed, if any, be restored to, the mortgagor.

  1. Notwithstanding anything contained to the contrary in the preceding section, the rights of an assignee or a subsequent mortgagee of the whole or pact of the mortgaged property, as the case may be, shall not be affected, if the assignment or sub-mortgage is effected in his favour on or before the first day of January 1949, and he has enjoyed the usufruct thereof for a period of less than 15 years. In such a case the mortgage shall be deemed to be extinguished on the completion of 15 years in accordance with the provisions of this Act.

  2. Powers of the Collector to eject mortgagee.-The Collector may extinguished, eject the mortgagee after declaring the rights of the mortgagee and order delivery of possession of the mortgaged land to the mortgagor. In case of resistance the Collector may exercise all the powers conferred on a Civil Court by Rules 97 .and 9$ of Order 21 of the Civil Procedure Code, 1908.

  3. Appeals and limitation.-(1) Any person aggrieved from an order of the Collector .und r this Act may appeal to the Revenue and Divisional Commissioner, North-West Frontier Province, within a period of ninety days.

(2) In computing the .period of limitation for an appeal under this section, the period requisite for obtaining copies of the order appealed against shall be excluded.

(3) The provisions of section 5 of the Limitation Act, as adapted, shall apply to all appeals under this Act. .

  1. Jurisdiction of Civil Courts barred,-,No Civil Court shall have jurisdiction to entertain any claim to enforce any right under a mortgage declared extinguished under this Act or to question the validity of any proceedings under this Act.

  2. Rules making power.-(1) The Provincial Government may, subject to the condition of previous publication, make Rules for the purpose of giving effect to the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, the Provincial Government shall make Rules regulating or determining the following matters, namely:-

(a) the presentation and verification of, petitions under section 4 of this Act;

(b) the procedure by which the Collector shall ;deal with such petitions under sections 5, 6 and 7 ; and

(c) the procedure for enforcing ejectment of the mortgagee and .delivery of ,possession to the mortgagor under section 8 of this Act.

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