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Judgment Search Results Home > Cases Phrase: the punjab restitution of mortgaged lands act 1938 Page 1 of about 66 results (0.044 seconds)

Oct 16 1958 (HC)

Mst. Kishni W/O Shadi Jat Vs. Mehman Singh Rati Ram Jat

Court : Punjab and Haryana

Reported in : AIR1959P& H355

..... mehaman singh. on 29-4-1947 the defendant made an application under section 4 of the punjab restitution of mortgage lands act, 1938, for redemption and the collector passed an order on 28-5-1948 directing that the mortgage be extinguished and that the mortgagor be put in possession of the mortgaged land.an appeal against this order was dismissed by the commissioner on 8-4-1949. the present ..... void.3. the defendant admitted the mortgages but ed that as she had entered into possession of the land in suit before the institution of the present suit, the same was not competent; it was further pleaded that the mortgages were subsisting mortgages to which the punjab restitution of mortgaged lands act applied and ..... plaintiff's allegations are that the defendant had failed to redeem the mortgages within the period of 60 years and that the mortgagor's rights had become extinguished with the result that there was no subsisting mortgage on the date of the application filed by the mortgagor under the punjab restitution of mortgaged lands act, 1938 and that the order of the collector was ultra vires, null and .....

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May 28 2004 (HC)

Puran Singh (Dead) Through Lrs Vs. Harphool Singh (Dead) Through Lrs

Court : Punjab and Haryana

Reported in : (2005)139PLR586

..... the provisions of the aforesaid act were merely applicable to subsisting mortgages of land which were effected prior to june 8, 1901 in the territories which immediately before the 1st november, 1956 were ..... the due execution of the said mortgage dated june 26, 1923. thus, i find that the grievance made by the plaintiff-appellant with regard to non-admission of the aforesaid document is well founded.12. on merits of the controversy, shri majithia has vehemently argued that as per provisions of the punjab restitution of mortgaged lands act, 1938 (hereinafter referred as 'the act'), section 2 specifically provided that ..... dated septemh 24, 1974 passed by the collector under the punjab restitution of mortgaged lands 1938. the defendants further pleaded that the aforesaid order passed by the co' was binding on the parties and the civil court had no jurisdiction to try the sui was barred under the provisions of the aforesaid act. in the aforesaid restitution proceedings before the collector, the transactions of the year 1921 .....

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Nov 16 1956 (HC)

Sadhu Singh Vs. Chanda Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1957P& H108

..... favour of pal singh, tehl singh and mehl singh sons of dhanna singh. on 6th august, 1943 sadhu singh applied for restitution of the mortgaged land in the court of the special collector, lahore, under the provisions of the punjab restitution of mortgaged lands act, 1938 (punjab act no. iv of 1938). apparently this application was contested on behalf of the mortgagees and on 6th march, 1945, the collector ordered redemption of ..... this be so then the special collector would have no jurisdiction to extinguish it in view of section 7 read with section 2 of the punjab restitution of mortgaged lands act, 1938. this is not disputed by the learned counsel for the appellant. his contention is that the finding given by the lower courts is not warranted by the documents on the ..... the mortgages on payment of rs. 77/-odd. the mortgagees filed an appeal in the court of the commissioner at lahore but its fate is .....

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Dec 07 1983 (HC)

Phuli and ors. Vs. Bhag Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1984P& H310

..... and with the afflux of time, the plaintiffs had become its owners long before 1980 when the application for restitution under section 4 of the punjab restitution of mortgaged lands act, 1938 (for short 'the act') was filed. along with the plaint, an application under rules 1 and 2 of order 39 of the civil procedure code was filed for issuance a an ..... injunction, restraining the defendants from taking possession of the suit land. defendants appeared. they filed written statements in the suit and ..... punjab land preservation act, 1900, come into force, were still in existence in spite of the fact that the mortgage money had been realised many times over from the profits of the land. this legislative measure was introduced to make a provision for the termination of such mortgages on payment of reasonable compensation when necessary and for the restitution of the possession of the land mortgages ..... . this legislative measure should receive liberal interpretation at the hands of courts. 3. a brief survey of the different provisions of the act which determine the controversy raised in this revision .....

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May 25 1951 (HC)

Ramji Das Vs. Mangat Ram Etc.

Court : Punjab and Haryana

Reported in : AIR1952P& H308

..... the 20th of july, 1896, and subsequently twice before the year 1901. it is alleged that there were two further mortgages effected of the property which are after the year 1901. the defendants applied to the special collector for restitution under the punjab restitution of mortgaged lands act, 1938. on the 18th of february, 1937, while the proceedings were pending, the plaintiff brought a suit for declaration that ..... was then submitted by mr. salooja that the garden which was the land in dispute is not land within the meaning of the word as used in the punjab restitution of mortgaged lands act. with this submission i am unable to agree. the definition of the land as given in section 3 of that act means land let for agricultural purposes or purposes subservient to agriculture or for pasture and ..... it cannot be said that the land on which fruit-bearing trees are growing is not land within the meaning of the .....

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May 02 2007 (HC)

Sewa Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : (2007)147PLR211

..... payment of said mortgage amount, the possession was taken by dalip singh on 15.10.1943. the plaintiff, as grand-son of dalip singh, entered into possession ..... in lieu of the old number which was reflected as mortgaged.3. on an application filed by dalip singh, predecessor-in-interest of the plaintiffs, the collector, hoshiarpur passed an order of redemption on 3.8.1993 on payment of rs. 44/8/- in terms of the provisions of the punjab restitution of mortgaged lands act, 1938. it is further the case of the plaintiffs that on ..... . 4,4/8/- is reflected to have been made by the predecessor-in-interest of the plaintiffs in the aforesaid order. therefore, the finding recorded that the order of restitution of the mortgage dated 3.8.1943 has never been executed, is based on misreading of evidence. consequently, the finding of the learned first appellate court is not sustainable and the same ..... 12 years ripened in law into ownership. thus, the learned first appellate court affirmed the findings of the learned trial court that the land in dispute actually stood mortgaged and the mortgage was never redeemed and the entries regarding the mortgage cannot be said to be incorrect. the learned first appellate court further returned a finding that the civil court cannot entertain any suit .....

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Jul 20 1954 (HC)

S. Raghbir Singh S/O Milkha Singh Jat Vs. Union of India (Uoi) and ors ...

Court : Punjab and Haryana

Reported in : AIR1954P& H261

..... not been deprived of his property; all that the legislature has done is to reduce the rate of interest on the monies advanced by him. when the validity of the punjab restitution of mortgaged lands act, 1938, was challenged about ten years ago their lordships of the privy council observed in - 'air 1947 pc 72 (b)', that the main object of the ..... act is to give relief to mortgagors by enabling them to obtain restitution of the mortgaged lands on terms less onerous than the mortgage deeds require. it was never alleged before or found by their lordships that the terms of ..... that act contravened the provisions ofsection 299, government of india act, 1935, which were analogous to the provisions of ..... that under entry 21 of list 2 of the seventh schedule to the government of india act, 1935, a provincial legislature has power to make laws providing that if a mortgage has been in possession of the mortgaged land for a period of 15 years or more, the mortgage shall be deemed to have been extinguished. it is a well known rule of interpretation that .....

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Oct 31 1969 (SC)

Kidar Nath Vs. Mangat Rai and ors.

Court : Supreme Court of India

Reported in : (1969)3SCC588; [1970]3SCR213

..... the agricultural lands. thereafter the mortgages remained outstanding only on non-agricultural properties. the representatives of ladhia then instituted an action in the court of the senior subordinate ..... . declaring that rs. 62,293/11/9 were due on the mortgages. the high court of punjab confirmed the decree on november 24, 1919. but no payment was made under that decree, nor was the decree made final.3. some time in 1951 the representatives of ladhia applied under the punjab restitution of mortgaged lands act, 1938, to the special collector and obtained an order for restoration of ..... judge, hissar, for redemption of the non-agricultural properties, and claimed an account under section 30 of the punjab relief of indebtedness act, 1934, and .....

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Sep 19 2007 (HC)

Harphool Singh and ors. Vs. Financial Commissioner Revenue and ors.

Court : Punjab and Haryana

Reported in : (2008)149PLR823

..... the basis of acquiring the equity of redemption, harphool singh and others (the vendees under the sale deeds dated april 3, 1961) filed an application under section 4 of the punjab restitution of mortgage land act, 1938 on july 10, 1961 before collector, fatehgarh sahib (bassi) against the successors-in-interest of the original mortgagee amrao singh. the collector allowed the application on february 17, ..... 1966 and directed that the mortgage stood extinguished and that the applicants be put in possession of the mortgage property. the order of the collector is annexure p-10. consequent upon the redemption ..... writ petition the order of the financial commissioner was set aside by holding as under:where the tenant under the mortgage applied for the acquisition of proprietary right, held, as at the time of the commencement of the pepsu tenancy and. agricultural lands act, the tenant was a tenant of the mortgagee and continued to be his tenant since then, therefore, he ..... meaning as has been assigned to it in the punjab tenancy act, 1887 but excludes a person who holds right of occupancy or a person who is relative of the tenant within the meaning of section 2(g)(2) of the said act.6. this case has a long history. the land had been mortgaged by one harnam kaur to amrao singh in 1901 .....

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May 14 2014 (HC)

Present: Mr.Sandeep Khunger Advocate Vs. the State of Punjab and Other ...

Court : Punjab and Haryana

..... coram: hon ble mr.justice k. kannan ---- present: mr.sandeep khunger, advocate, for the petitioners.mr.anant kataria, aag, punjab. ---- k.kannan, j. (oral) 1. in an application for redemption filed under the punjab restitution of mortgage lands act, 1938 at the instance of some persons, who claimed as representatives of the deceased mortgagor hardas, there was a direction that the respondents 2 ..... , 6, 7 and 8 were also entitled to be joined as petitioners since they represented a 6/7th share in the mortgage property. the authority was, therefore ..... , considering the fact that there could be no partial discharge of mortgage ..... share and the redemption shall be available to him along with other sharers and the order will be passed providing for discharge of whole of the mortgage after ensuring the mortgage amount is determined and the amount is paid. i see from the records that the applicant had deposited 1/7th share and the petitioners before this .....

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