Law: Punjab Restitution of Mortgaged Lands Act (IV of 1938)

Section: 6 to 11

P L D 1957 W. P. (Rev.) 43         (a) Punjab Restitution of Mortgaged Lands Act (IV of 1938)-----   -----Ss. 6 to 11-Dismissal of application under Redemption of Mortgaged Lands Act, (II of 1913) does not bar application under Act IV of 1938.   (b) Practice-Second appeal-------   -----New plea cannot be allowed to be raised for first time.     ORDER   H. A. MAJID.-------This case relates to a proceeding under the Restitution of Mortgaged Lands Act relating to about 600 kanals of land situated near Multan town. The latest decision in the case is that of the Commissioner dated 30th June 1955 and he has directed that the mortgage of the land in dispute should be extinguished on payment of Rs. 232-8 as compensation.   The appellant (the mortgagee) had raised an objection before the Collector and the Commissioner to the effect that the mortgage had originally been effected in 1879 and that the application for restitution, lodged on 19th December 1939, was time-barred. The Collector had accepted this plea, but the Commissioner has rejected it. This particular plea has not been pressed before me, because the original mutation mentions the date of the mortgage as 10th September 1887. There is nothing to indicate that the mortgagor admitted in any civil litigation that the date of the mortgage was 1879. A certified copy of the original deed (duly registered) was produced before the Commissioner. On reference to this copy, I have found that the date 10th September 1887 is correct.   The Collector and the Commissioner had dealt with one other aspect of the case. It appears that the mortgagor had made an effort to get this land redeemed under the Redemp tion of Mortgaged Lands Act, 1913. He put in an application for the purpose but he failed to deposit the necessary amount. His application was, therefore, dismissed. The Collector in the present case decide that the dismissal of that application made it incumbent on the mortgagor to seek the redemption of the mortgage in dispute within one year by instituting a suit in a competent Civil Court. The Commissioner, however, considers that…