Law: Punjab Alienation of Land Act (XIII of 1900)

Section: 4 , 6 , 13

Law: Civil Procedure Code (V of 1908)

Section: 100

(a) Punjab Alienation of Land Act (XIII of 1900)--- ---- Ss. 4, 6 & 13 --- Mortgage with possession for specified amount through registered deed --- In course of mutation proceedings mortgagee failed to give any proof of his ownership of land or ordinary residence in the District concerned --- Mortgagee agreed before Revenue Officer that transaction should ,be converted into a prescribed form of mortgage for a term of twenty years with effect from Kharif 1946 to Rabi 1966 --- Revenue Officer on basis of agreement recorded on the mutation sheet sanctioned mortgage mutation for a period of twenty years with stipulation, that upon expiry of the term land in question, would be redeemed without payment of mortgage money ---Validity of agreed. transaction --- Correction of mutation which had been entered and sanctioned with the consent of mortgagee was never questioned by the mortgagee during his life time---Inordinately delayed objection to correctness of mutation in question, reinforced genuineness thereof --- Mortgagee 'was not shown to be a member of notified agricultural tribe in terms of S.4, Punjab Alienation of Lands Act, 1900 --- Mortgagor being a statutory agriculturist within the meaning of Punjab Land Alienation Act, 1900, in absence of sanction from the Deputy Commissioner, a permanent alienation of land by a statutory agriculturist in favour of a non-agriculturist could take effect only as a usufructuary mortgage for a period not exceeding twenty years in terms of S.6, Punjab Alienation of Lands Act-Upon efflux of statutory period of twenty years fixed for the usufructuary mortgage, mortgage debt would be extinguished and mortgagor or his successor would be entitled to redelivery of the land --- Provision of S.13, Punjab Alienation of Lands Act has empowered Deputy Commissioner to order ejectment of mortgagee remaining in possession after the prescribed term-- -Objection by successors of mortgagee to the redemption of land (on payment of mortgage amount) was thus, inconceivable for transaction in the registered deed was substituted by ,agreement between the parties and such agreement was in accordance with the provisions of Punjab Alienation of…