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Section 9 – The Redemption of Mortgages (Punjab) Act,1913

The Redemption of Mortgages (Punjab) Act,1913

Section 9. Procedure when both parties are in attendance order for redemption

Where both parties appear when the petition is called on for hearing, the Collector shall inquire from the mortgagee whether he admits that the petitioner is entitled to redeem, whether he is willing to accept the sum in deposit in full discharge of the mortgage-debt, and where the mortgage is with possession whether he is willing to surrender possession of the mortgaged property.

If the mortgagee replies in the affirmative, the Collector shall make an order as laid down in section6(a), (b), (c) and (d) of this Act.

If the mortgagee admits the petitioners title to redeem, but demands payment of a sum larger than that in deposit, the Collector shall inquire from the petitioner whether he is willing to pay such larger sum and if he replies in the affirmative, the Collector 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 as laid down in section 6(a), (b), (c) and (d) above.

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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