Power of Collector to declare and enforce orders in favour of mortgagor and to grant compensation to mortgagee in certain cases.

(1) If the Collector finds that the mortgage is one to which this Act applies he shall, nowithstanding anylhing conrained in any other enacment for the timc being in Porce in cases where he finds that ihe value of the benefits,enjoyed by the mortgagee, while in possession, equal or exceed twice h e arnoun 1 of the principal sum originally advanccd under the mortgage, order in writing- (a} thal the mortgage be extinguished, and (b] wherethemortgageeisstillinpossession,that~hemortgagor be put into possession of the morigaged land as against the morrgagee and thar thc title deeds, if any, be restorcd to the morlgagor. (2) If in cases to which this Act applies, the CoUector finds thal, the value 01 the benefits enjoyed by thc mortgagee while in possession is less lhan twice the mounl oP the principal sum originally advanccd and some payment is still due to thc mortgagee according to.the tcrms of thc mortgage, the Colleclor shall, by order in writing and notwithstanding anything contained in any oher enacrment for the time being in rorce direct h a t the land bc restored to rhe mortgagor and hc be put into possession subject, however, to the payment of compensation by thc mortgagor to the mortgagee at rates not exceeding the following scale :- (i) thirty times the land revenue assessed on the land aL the time when it was mortgaged if h e mortgagee has been in possession for a period exceeding thirty years but not exceeding ~OI-ly years; (ii) fifteen times ihe land revenue assessed on the land at the timc when it was mortgaged if the mortgagw has been in possession for a period exceeding forty ycars but not exceeding f~tfy years; (iii) fivc times the land revenuc assessed on thc land at the time when it was mortagaged if the mortgagee has been in possession Ior a period exceeding fifty years. Explanation.-Thc CoUeclor shall for the purposes of h i s section compute h e pcriod of possession from he date on which Lhe mortgagee ewered into possession. to Lhe date of rbc presenlauon of Ihc pcuuon under secLion 4.