West Pakistan Redemption and Restitution of Mortgaged Lands Act, 1964

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THE WEST PAKISTAN REDEMPTION AND RESTITUTION OF  
MORTGAGED LANDS ACT, 1964 
 
CONTENTS 
CHAPTER I 
PRELIMINARY 
1. Short title, extent and commencement 
2. Definitions 
CHAPTER II 
REDEMPTION OF MORTGAGES 
3. Petition for redemption 
4. Deposit of amount due under mortgage 
5. Powers of Collector to order ejectment 
6. Directions that the Collector shall make when ordering ejectment 
7. Saving of suits to establish rights 
8. No second petition 
9. Cessation of interest 
CHAPTER III 
RESTITUTION OF MORTGAGES 
10. Petition for restitution 
11. Petition when to be dismissed 

 
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12. Power of Collector to declare and enforce orders in favour of mortgagor 
 
13. Effect of order of restitution when compensation is payable 
14. Appeals 
15. Revision 
16. Limitation for appeals 
17. Jurisdiction of Civil Court barred 
CHAPTER IV 
SUPPLEMENTAL 
18. Collector’s powers to deliver possession 
19. Collector to have certain powers of Civil Courts 
20. Application of Civil Procedure Code in certain matters 
21. Return of deposit 
22. Deposit not to be attached 
23. Power to make rules 
24. Repeal and savings  
 
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THE WEST PAKISTAN REDEMPTION AND RESTITUTION OF  
MORTGAGED LANDS ACT, 1964 
 
WEST PAKISTAN ACT No. XIX of 1964 
[4th April, 1964] 
AN  
ACT 
to consolidate the law relating to the redemption and restitution of certain mortgages of land in the 
Province of West Pakistan. 
Preamble. WHEREAS it is expedient to consolidate the law relating to the redemption and 
restitution of certain mortgages of land in the Province of West Pakistan, in the manner hereinafter 
appearing; 
It is hereby enacted as follows:__ 
CHAPTER I 
PRELIMINARY 
1. Short title, extent and commencement . (1) This Act may be called the West Pakistan 
Redemption and Restitution of Mortgaged Lands Act, 1964. 
(2) It extends to the whole of the Province of West Pakistan, except the Tribal Areas. 
(3) It shall come into force in such areas and from such dates as Government may, by 
notification in the official Gazette, direct. 
2. Definitions. In this Act, unless the context otherwise requires, the following expressions 
shall have the meaning hereby respectively assigned to them, that is to say__ 
(a) “Board of Revenue” means the Board of Revenue established under the West 
Pakistan Board of Revenue Act, 1957; 
(b) “Collector” means the Collector of the District in which the mortgaged land or 
any part thereof is situated, and shall include any Revenue Officer specially 
empowered by the Board of Revenue to perform the duties of a Collector for 
the purposes of this Act; 
(c) “Commissioner” means the Commissioner of the Division in which the 
mortgaged land or any part thereof is situated, and shall include any Officer 
specially empowered by the Board of Revenue to perform the duties of a 
Commissioner for the purposes of this Act; 
(d) “Government” means the Government of West Pakistan; 
 
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(e) “land” means land which is not occupied as the site of any building in a town or 
village and is occupied or let for agricultural purposes or for purposes 
subservient to agriculture or for pasture, and includes: __ 
(i) the sites of buildings and other structures on such land; 
(ii) a share in the profits of an estate or holding; 
(iii) a right to receive rent; 
(iv) any right to water enjoyed by the owner or occupier of land as such; and 
(v) all trees standing on such land; 
(f) “mortgagor” or “mortgagee” includes the assignee and the representative -in 
interest of such “mortgagor” or “mortgagee” as the case may be; 
(g) “prescribed” means prescribed by rules made under this Act. 
CHAPTER II 
REDEMPTION OF MORTGAGES 
3. Petition for redemption .  After the principal money becomes due and before a suit for 
redemption is barred, a mortgagor of land not exceeding fifty acres in area or of land the principal 
money secured by which does not exceed five thousand rupees, may apply to the Collector for an order 
directing that the mortgage be redeemed and that he be put in possession. 
Explanation I__ The area of any share in the common land of the village or of a sub-division 
appertaining thereto and mortgaged with the land, shall not be taken into consideration while 
determining the area of the land mortgaged. 
Explanation II__ This section shall not apply to usufructuary mortgage effected for a specific 
number of years and intended to terminate without the repayment of any part of its consideration. 
4. Deposit of amount due under mortgage . The mortgagor shall in his application declare 
what sum is to the best of his knowledge due under the mortgage and deposit such sum with the 
Collector at the time of making the application. 
5. Powers of Collector to order ejectment. Where the Collector, after hearing the mortgagee 
and holding such enquiry as may be prescribed, is satisfied that the mortgagor has a right to redeem 
and has deposited or is prepared to pay the sum which the Collector finds due under the mortgage, he 
shall make an order directing that the mortgage be redeemed. 
6. Directions that  the Collector shall make when ordering ejectment . (1) Where the 
Collector makes an order for the redemption of a mortgage, and the whole of the mortgage amount 
found due has been deposited with him, the order shall direct that such amount be paid to the mortgagee 
and the excess amount, if any, deposited by the mortgagor be refunded to him. 
 
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(2) Where the whole of the mortgage amount found due has not been deposited, the order for 
the redemption of the mortgage shall direct__ 
(a) that a sum which together with the sum already deposited will equal the  
mortgage amount found due be deposited with the Collector by the mortgagor 
within thirty days or within such further period as may be specified by the 
Collector in this behalf; 
(b) that on deposit of such amount together with costs, if any, the mortgage shall be 
extinguished and the mortgagee shall deliver possession of the mortgaged land 
to the mortgagor, whose title thereto shall be deemed to have accrued from the 
date of such deposit; and 
(c) that the mortgage amount found due by the Collector and deposited by the 
mortgagor, together with costs, if any, be paid to the mortgagee. 
(3) If the mortgage amount and the costs (if any) are not deposited within the period specified 
in sub-section (1), the petition shall be dismissed with costs. 
7. Saving of suits to establish rights. Any party aggrieved by an order of the Collector passed 
under section 5 or 6, may institute a suit to establish his rights in respect of the mortgage; but, subject 
to the result of such suit, if any, the order shall be conclusive. 
1[Provided that notwithstanding the provisions of Article 14 of Schedule I of the Limitation Act 
of 1908, a mortgagor may file a suit for the redemption of his mortgaged land within the unexpire d 
period of limitation fixed by law for the redemption of the mortgaged lands.] 
8. No second petition . The dismissal of a petition under this Chapter shall bar any further 
petition under this Chapter by the same petitioner or his representative in interest in respect of the same 
mortgage. 
9. Cessation of interest. When the petitioner has deposited with the Collector the sum declared 
by the Collector to be due on the mortgage, and such sum is accepted by the mortgagee, or is found by 
the Collector to be the sum actually due interest on the mortgage shall cease from the date of the 
deposit. 
CHAPTER III 
RESTITUTION OF MORTGAGES 
10. Petition for restitution. The mortgagor of any subsisting usufructuary mortgage not less 
than twenty years old, or of any usufructuary mortgage the period whereof has expired, may present a 
petition to the Collector for the restitution of possession of the mortgaged land. 
Explanation. A mortgage shall be deemed to subsist for the purposes of this Chapter 
notwithstanding a decree or order for its redemption having been passed; provided that redemption has 
not taken place before the presentation of a petition under this section. 
 
1Added by West Pakistan Act No. VII of 1967.  
 
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11. Petition when to be dismissed . Where the Collector is satisfied that a petition is not in 
respect of a sub sisting usufructuary mortgage not less than twenty years old, or a usufructuary 
mortgage the period whereof has expired, he shall dismiss the petition, recording his reasons for such 
order. 
12. Power of Collector to declare and enforce orders in favour of mortgagor. If the 
Collector finds that the application is in respect of mortgaged land the possession whereof has 
remained with the mortgagee for a period of not less than twenty years, or is in respect of mortgaged 
land the term of the mortgage whereof has expired, he shall notwithstanding anything contained in any 
other enactment for the time being in force or any contract or decree or order of any Court, __ 
(a) order that the mortgage shall be extinguished without payment of the mortgage 
money or any part thereof; 
(b) in case of an express contract to the effect that the mortgagee shall be entitled 
to compensation for improvements made by him in the mortgaged land 
determine the amount of such compensation; and 
(c) where the mortgagee is in possession, direct that the mortgagor be put into 
possession of the mortgaged land as against the mortgagee and that the title 
deeds, if any, of such land in the possession of the mortgagee be restored to the 
mortgagor. 
13. Effect of order of restitution w hen compensation is payable. If the Collector finds that 
any sum is due to the mortgagee by way of compensation under clause (b) of section 12, he shall 
require the mortgagor to deposit the amount in such manner as may be prescribed; and on deposit of 
the amount he shall declare the rights of the mortgagee extinguished and require the mortgagee to 
deliver possession of the land to the mortgagor together with all documents of title relating to the land: 
Provided that if a petitioner fails to deposit the amou nt within six months, his petition may be 
dismissed. 
14. Appeals. (1) Save as otherwise provided by this Act, an appeal shall lie from an original 
order of the Collector to the Commissioner. 
(2) Save as otherwise provided by this Act, an appeal shall lie t o the Board of Revenue from 
every order passed in appeal by the Commissioner, on any one of the following grounds, namely: __ 
(a) the decision being contrary to law or to some usage having the force of law; 
(b) the decision having failed to determine some material  issue of law or usage 
having the force of law; 
(c) a substantial error or defect in the procedure provided by this Act or by any 
other law for the time being in force, which possibly have produced an error or 
defect in the decision of the case. 
15. Revision. (1) The Board of Revenue may at any time call for the record of any case pending 
before, or disposed of by, any Revenue Officer subordinate to it. 
 
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(2)  A Commissioner may call for the record of any case pending before, or disposed of by, any 
Revenue Officer under his control. 
(3) The Board of Revenue may in any case called for under sub-section (1) and a Commissioner 
may in any case called for under sub-section (2) pass such order as it or he thinks fit: 
 
Provided that no order shall be passed under this se ction reversing or modifying any 
proceedings or order of a subordinate Revenue Officer and affecting any question of right between 
private persons without giving those persons an opportunity of being heard. 
16. Limitation for appeals . (1) The period of lim itation for an appeal under section 14 shall 
run from the date of the order appealed against, and shall be__ 
(i) sixty days, when the appeal lies to the Commissioner; 
(ii) ninety days, when the appeal lies to the Board of Revenue. 
(2) In computing the period of limitation for an appeal under this section, the period requisite 
for obtaining copies of the order appealed against shall be excluded. 
(3) The provisions of section 5 of the Limitation Act, 1908, shall apply to appeals under this 
Chapter. 
17. Jurisdiction of Civil Court barred.  No Civil Court shall have jurisdiction to entertain any 
claim or enforce any right under a mortgage declared extinguished under this Chapter or to question 
the validity of any proceedings under this Chapter. 
CHAPTER IV 
SUPPLEMENTAL 
18. Collector’s powers to deliver possession . (1) On redemption or extinguishment of a 
mortgage under this Act the Collector shall eject the mortgagee and deliver possession of the 
mortgaged land to the mortgagor. 
(2) In case of resistance, the Collector may exercise all the powers conferred on a Civil Court 
by rules 97 and 98 of Order XXI of the Code of Civil Procedure, 1908 (V of 1908). 
19. Collector to have certain powers of Civil Courts. (1) For the purpose of any proceeding 
under this Act the Collector shall have the same powers as are vested by the Code of Civil Procedure, 
1908 (V of 1908), in a court trying a civil suit and in particular powers in respect of__ 
(a) discovery and inspection; 
(b) enforcing the attendance of witnesses and requiring t he deposit of their 
expenses; 
(c) compelling the production of documents; 
 
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(d) examining witnesses on oath; 
(e) granting adjournments; 
(f) receiving evidence taken on affidavit; 
(g) issuing commissions for the examination of witnesses; and 
(h) summoning and examining suo motto any person whose evidence appears to  
be material. 
20. Application of Civil Procedure Code in certain matters. (1) Save as in this Act otherwise 
expressly provided the provisions of the Code of Civil Procedure, 1908, relating to recognised agents 
and pleaders, issue and service of summons, verification of plaints, costs and appearance of parties and 
consequences of non-appearance, shall apply to all proceedings under this Act. 
(2) Notwithstanding anything contained in the last preceding sub -section, the Collec tor may 
direct that a summons or proclamation may be sent by registered post and on proof of the fact that a 
summons or proclamation has been forwarded in a letter properly addressed and duly posted and 
registered, he may presume that the summons or procla mation was served at the time when the letter 
would be delivered in the ordinary course of post. 
21. Return of deposit. If the Collector dismisses a petition under this Act, he shall order that 
the sum deposited by the petitioner be returned to him. 
22. Deposit not to be attached. No sum deposited with the Collector by a petitioner under the 
provisions of this Act shall be attached by any Court or Revenue Officer. 
23. Power to make rules . (1) The Board of Revenue may, with the approval of Government 
and after previous publication make rules for the purpose of giving effect to the provisions of this Act. 
(2) In particular and without prejudice to the generality of the foregoing power, the Board of  
Revenue may make rules regulating or determining the following matters, namely: __ 
(a) the presentation of petitions; 
(b) the procedure before the Collector; 
(c) the manner in which the Collector shall assess compensation; 
(d) the principles on which the Collector shall assess the amount due under the 
mortgage; 
(e) the procedure for making deposit; and 
(f) the procedure for ejecting the mortgagee and delivering possession of the 
mortgaged property to the mortgagor. 
 
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24. Repeal and savings. (1) The following enactments are hereby repealed: __ 
(a) The Redemption of Mortgages (Punjab) Act, 1913 (Punjab II of 1913); 
(b) The Redemption of Mortgages (Punjab) Act, 1913 (Punjab II of 1913), as 
applicable to the former State of Bahawalpur; 
(c) The North -West Frontier Province Redemption of Mortgages Act, 1935 
(N.W.F.P III of 1935); 
(d) The Punjab Restitution of Mortgaged Lands Act, 1938 (Punjab IV of 1938); 
 
(e) The Punjab Restitution of Mortgaged Lands Act, 1938 (Punjab IV of 1938), as 
applicable to the former State of Bahawalpur; and 
(f) The North-West Frontier Province Restitution of Mortgaged Lands Act, 19 50 
(N.W.F.P XXXII of 1950). 
(2) Notwithstanding the repeal of the enactments mentioned in sub-section (1), all proceedings 
commenced, rules framed, orders made and other acts done under any of the repealed enactments, 
shall, if not inconsistent with the pr ovisions of this Act, so far as may be, be deemed to have been 
respectively commenced, framed, made and done under this Act. 
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RGN Date: 26-05-2025