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Section 7 – The Redemption of Mortgages (Punjab) Act,1913

The Redemption of Mortgages (Punjab) Act,1913

Section 7. Procedure when petitioner is absent and mortgagee present

Where the mortgagee appears and the petitioner does not appear when the petition is called on for hearing, the Collector shall, unless he adjourns the proceedings, make an order that the petition be dismissed, unless the mortgagee admits the claim, in which case the collector shall make an order-

(a)that the mortgage be redeemed;

(b)that where the mortgage is with possession the mortgagor be put in possession of the mortgaged property as against the mortgagee;

(c)that the mortgagee deposit with the Collector the mortgage-deed, if any, if then in his possession or power, and that it be delivered to the petitioner;

(d)that subject to be mortgage-deed, if any, being so deposited by the mortgagee the sum in deposit be paid to him.

Provided that no such order shall be made inconsistent with any condition of the mortgage whereby a reason or period of the year is fixed for redemption or for surrendering possession.

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The Redemption of Mortgages (Punjab) Act,1913

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