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Section 8 – The Redemption of Mortgages (Punjab) Act,1913

The Redemption of Mortgages (Punjab) Act,1913

Section 8. Procedure when petitioner is present and mortgagee absent

When the petitioner appears, but the mortgagee does not appear, when the petition is called on for hearing, the collector shall, unless he adjourns he proceedings, inquire in a summary manner (a) whether the petitioner is entitled to redeem the mortgaged property, and (b) whether the sum deposited by the petitioner is the sum rightly due under the mortgage.

If the Collector is not satisfied that the petitioner is entitled to redeem, he shall dismiss the petition.

If the Collector is satisfied that the petitioner is entitled to redeem, and that the sum deposited is the sum dshall make an order as laid down in section 6(a), (b), (c) and (d) of this Act.

If the Collector is satisfied that the petitioner is entitled to redeem, but is of opinion that a sum larger than that in deposit is due under the mortgage, he shall fix a period not exceeding 30 days within which the petitioner shall deposit the difference, together with any further sum which may be due on account of interest up to the date of deposit. If the petitioner makes such deposit within such period or such further period not exceeding 30 days, as the Collector may fix, the Collector shall make an order in manner aforesaid.

If the petitioner fails to make such deposit within the period fixed, the collector shall dismiss the petition.

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The Redemption of Mortgages (Punjab) Act,1913

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