Law:

Section:

(a) Redemption of Mortgages (Punjab) Act (II of 1913), S. 1 (3), clauses (a) and (b)-Whether jurisdiction of Collector excluded if principal money is more than Rs. 5,000 even if area of land mortgaged does not exceed 50 acres or vice versa. Both the clauses of subsection (3) of section 1 of Punjab Act II of 1913 must be kept in view when deciding whether or not the Collector had jurisdiction to order redemption. The Legislature did not intend that clause (b) was to govern clause (a) and to result in the exclusion of the jurisdiction of the Collector if the principal money secured by the mortgage exceeded Rs. 5,000 even if the area of the land under mortgage did not exceed the limit prescribed by clause (a). A finding that if the area exceeds the limit fixed by clause (a) or the principal money secured under the mortgage exceeds the limit fixed by clause (b), the jurisdiction of the Collector to order redemption is excluded, would amount to holding that what the Legislature gave with one hand by clause (a) it at once took away with the other by clause (b), but the attribution of that inconsistent conduct to the Legislature should, if possible, be avoided. Moreover, the employment of the conjunction " or " between the two clauses is a strong indication of the intention of the Legislature to keep them independent of each other and the fact that clause (b) does away with the limit of the area of the land under mortgage fixed by clause (a) is conclusive proof of that intention. The Act, was intended primarily to ensure speedy redemption by orders of revenue authorities and the powers of Civil Courts were preserved by section 12 of the Act which empowers any party aggrieved by an order passed under the Act to institute a suit to establish his rights in respect of the mortgage. But even if it be assumed that the Act in question restricts the ordinary powers of Civil Courts that fact does not justify the restricting of the powers of the revenue authorities by doing violence to the language of the Act or by overlooking some of its provisions altogether. If the area of the land under mortgage does not exceed the limit fixed by clause (a) of subsection (3), the Collector…

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