Vidhi Codex

section 11

Power to revise mortgage made in form not permitted

The Jammu and Kashmir Alienation of Land Act, 1995
General199531 sections
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Statutory text
  1. (1) If a member of an agricultural class makes a mortgage of his land in any manner or form not permitted by or under this Act, the Deputy Commissioner shall have authority to revise and alter the terms of the mortgage so as bring it into accordance with such form of mortgage permitted by or under this Act as the mortgagee appears to him to be equitably entitled to claim.
  2. (2) If a member of an agricultural class has before the commencement of this Act made a mortgage of his land in favour of any person except a member of an agricultural class in which there is a condition intended to operate by way of conditional sale, the Deputy Commissioner shall be empowered at any time during the currency of the mortgage to put the mortgagee to his election whether he will agree to the said condition being struck out, or to accept in lieu of the said mortgage, a mortgage which may at the mortgagee's option be either in form
    • (a) or in form
    • (b) of section 8 and which shall be made for such period not exceeding the period permitted by the said section and for such sum of money as the Deputy Commissioner considers to be reasonable.
  3. (3) If proceedings for the enforcement of a condition intended to operate by way of conditional sale are instituted or are pending at the commencement of this Act in any Civil Court or if a suit is instituted in any Civil Court on a mortgage to which sub-section
  4. (1) or sub-section
  5. (2) applies, the Court shall remit the case to the Deputy Commissioner with a view to the exercise of the power conferred by the sub-section applying thereto.
  6. (4) When a mortgagee upon his election under sub-section
  7. (2) agrees to accept in lieu of his mortgage, a mortgage in form
    • (b) of section 8 for the period and for the sum of money considered by the Deputy Commissioner to be reasonable and the mortgagor cannot be found, or fails to appear when duly served with notice to do so, or refuses or neglects to execute such mortgage, the Deputy Commissioner shall have authority to execute such mortgage on such term as to costs as he may fix and the mortgage so executed shall have effect as if it had been executed by the mortgagor.

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