Vidhi Codex

Bare Act

The Punjab Restitution of Mortgaged Lands Act, 1938

General193814 sections

This Act allows mortgagors in Punjab, Chandigarh, and specific former states to petition authorities to regain possession of land that was mortgaged before 1901. It applies to agricultural land and related rights. The law enables a Collector to declare a mortgage extinguished if the value of benefits the mortgagee received while holding the land equals or exceeds twice the original loan amount. This ensures that if a lender has profited sufficiently from the property, the borrower can recover their land and title deeds, providing a legal mechanism to end long-standing property disputes.

Start reading →Read full ActSections
  1. 1. Short title, extent and commencement
  2. 2. Application of Act to subsisting mortgages effected prior to 8th June, 1901.
  3. 3. Definitions.
  4. 4. Petition for restitution.
  5. 5. Procedure for dealing with petition for restitution.
  6. 6. Petition when to be dismissed.
  7. 7. Power of Collector to declare and enforce orders in favour of mortgagor and to grant compensation to mortgagee in certain cases.
  8. 8. Effect of order of restitution when compensation is payable.
  9. 9. Powers of the Collector to eject mortgagee.
  10. 10. Appeals.
  11. 10-A. Revision.
  12. 11. Limitation of appeal.
  13. 12. Jurisdiction of civil courts barred.
  14. 13. Rule-making powers.

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