Law:

Section:

Redemption of mortgages (Punjab) Act (II of 1913)-----------S. 1 (3) (a) and (b)-Clauses distinct from each other-To be applied only in the alternative-Act should be construed in a beneficial way. The two clauses (a) and (b) of subsection (3) of section 1 of the Redemption of Mortgages (Punjab) Act (II of 1913) are distinct from each other and are only to be applied in the alternative, so that it is inconceivable that they should both be applied at the same time in a particular case. The only cases which are excluded from the jurisdiction of the Collector under the Act, are those in which the area mortgaged is in excess of 50 acres and also the principal money secured exceeds Rs. 5,000. The Act is intended to grant relief to a certain section of the agriculturists who were thought to stand in need of such relief and, in view of its evident purpose, it should be construed in a beneficial way, that is to say, so as to afford the largest measure of relief in the intended sense. The determin­ation of jurisdiction under the Act would also follow the same principle. The Redemption of Mortgages (Punjab) Act, 1913, is not a statute which requires to be strictly construed on the supposed ground that it restrains the ordinary jurisdiction of Civil Courts. The statute does not bar parties from going to the Civil Courts to seek relief, although it provides in section 12 that the result of proceedings taken under the Act shall, subject to certain limitations, be conclusive. Conse­quently, in respect, at any rate, of the determination of jurisdiction at the preliminary stage, the statute has no restraining effect. JUDGMENT A. R. CORNELIUS, A. C: J.-The facts of the case out of which the Letters Patent appeal arises are very simple. On the 3rd February 1947, one Muhammad Asghar mortgaged with possession 364 kanals 10 marlas of agricultural land for Rs. 9,000 in favour of four persons, namely, Murad, Nawab, Mutalla and Mughla, who will be described in the sequel as the "first mortgagees." Subsequently, on the 27th March 1947, Muhammad Asghar created a fresh mortgage over the same land as well as other land. for a sum of Rs. 21,116 in favour of Bakhsha and others, who will be…

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