PUNJAB REDEMPTION AND RESTITUTION OF MORTGAGED LANDS ACT 1964

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THE PUNJAB REDEMPTION AND RESTITUTION OF 
MORTGAGED LANDS ACT, 1964 
(XIX of 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. 
 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. 
 
 
 
 
 
 
TEXT 
1
THE 
2
[PUNJAB] REDEMPTION AND RESTITUTION OF MORTGAGED 
LANDS ACT, 1964 
(XIX of 1964) 
[4 April 1964] 
An 
Act 
to consolidate the law relating to the redemption and restitution of certain mortgages 
of land in the Province of 
3
[the Punjab]. 
Preamble.– WHEREAS it is expedient to consolidate the law relating to the 
redemption and restitution of certain mortgages of land in the Province of 
4
[the 
Punjab], 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 
5
[Punjab] Redemption and Restitution of Mortgaged Lands Act, 1964. 
 (2) It extends to the wh ole of the Province of 
6
[the Punjab] , 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 re quires, 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 
7
[Punjab] 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; 
                                                           
1For Statement of Objects and Reasons, see Gazette of West Pakistan (Extraordinary), dated February 25, 1964, p p. 593-J-
593-R. This Act was passed by the West Pakistan Assembly on March 24, 1964, assented to by the Governor of West Pakistan 
on April 3, 1964, published in the Gazette of West Pakistan (Extraordinary), dated April 4, 1964, pp. 1100-C-1100-J.  
2Substituted for the words “West Pakistan” b y the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f.  14.8.1973), 
published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp.  1425-A-1425-PP, Article 2(1) read with 
Schedule, Part III, Serial No. 73. 
3Ibid. 
4Ibid. 
5Ibid. 
6Ibid. 
7Ibid. 
1
[(c) “Commissioner” means a  Commissioner of a Division appointed under 
the Punjab Land Revenue Act, 1967 (XVII of 1967) and includes an 
Additional Commissioner;] 
(d) “Government” means the 
2
[Provincial Government of the Punjab]; 
(e) “land” means land which is not occupied as the sit e 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 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 suc h 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 
                                                           
1Substituted by the Punjab Laws (Amendment) Act 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated 
April 14, 2011, pp. 4043-4047, s. 12. (The Act ibid came into force on April 20, 2011 vide Notification No. 1078 -2011/487-LR-I, 
dated April 4, 2011, published in the Punjab Gazette (Extraordinary), dated April 16, 2011, p. 4081). 
2Substituted for the words “Government of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f.  
14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read 
with Schedule, Part III, Serial No. 73. 
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 pa id to the mortgagee and the excess amount, if 
any, deposited by the mortgagor be refunded to him. 
 (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 s uch 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 un -expired perio d 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 a ctually due 
interest on the mortgage shall cease from the date of the deposit. 
CHAPTER III 
Restitution of mortgages 
                                                           
1Added by the West Pakistan Redemption and Restitution of Mortgaged Lands (Amendment) Act, 1967 (VII of 1967), published 
in the Gazette of West Pakistan (Extraordinary), dated July 17, 1967, pp. 1971-C-1971-D, s. 2. 
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. 
11. Petition when to be dismissed .– Where the Collector is satisfied that a 
petition is not in respect of a subsi sting 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 when compensation i s 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 d eclare 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 amount within six mo nths, 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 
1
[
2
[Commissioner]]. 
                                                           
1Substituted for the word “Commissioner” by the Punjab Redemption and Restitution of Mortgaged Land (Amendment) 
Ordinance, 2001 (XLIII of 2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, 
pp. 1805-1806, s. 2. 
2Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 
2011) published in the Punjab Gazett e (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 12(2). (The Act ibid came into 
 (2) Save as otherwise provided by this Act, an appeal shall lie to the Bo ard 
of Revenue from every order passed in appeal by the 
1
[
2
[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 mate rial 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. 
 (2) 
3
[
4
[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 
5
[
6
[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 b e passed under this section 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 limitation 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 
1
[
2
[Commissioner]]; 
                                                                                                                                                                                     
force on Ap ril 20, 2011 vide Notification No. 1078 -2011/487-LR-I, dated Ap ril 4, 2011, published in the Punjab Gazette 
(Extraordinary), dated April 16, 2011, p. 4081). 
1Substituted for the word “Commissioner” by the Punjab Redemption and Restitution of Mortgaged Land (Amendment) 
Ordinance, 2001 (XLIII of 2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, 
pp. 1805-1806, s. 2. 
2Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 
2011) published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 12(2). (The Act ibid came into 
force on Ap ril 20, 2011 vide Notification No. 1078 -2011/487-LR-I, dated Ap ril 4, 2011, published in the Punjab Gazette 
(Extraordinary), dated April 16, 2011, p. 4081). 
3Substituted for the word “Commissioner” by the Punjab Redemption and Restitution of Mo rtgaged Land (Amendment) 
Ordinance, 2001 (XLIII of 2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, 
pp. 1805-1806, s. 2. 
4Substituted for the words and brackets “A Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI 
of 2011), s. 12(3)(i), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 12. (The Act ibid 
came into force on Ap ril 20, 2011 vide Notification No. 1078 -2011/487-LR-I, dated Ap ril 4, 2011, published in the Punjab 
Gazette (Extraordinary), dated April 16, 2011, p. 4081). 
5Substituted for the word “Commissioner” by the Punjab Redemption and Restitution of Mortgaged Land (Amendment) 
Ordinance, 2001 (XLIII of 2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, 
pp. 1805-1806, s. 2. 
6Substituted for the words and brackets “a Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI 
of 2011), s. 12(3)(ii), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 12. (The Act ibid 
came into force on Ap ril 20, 2011 vide Notification No. 1078 -2011/487-LR-I, dated Ap ril 4, 2011, published in the Punjab 
Gazette (Extraordinary), dated April 16, 2011, p. 4081). 
(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
3
. 
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
4
, 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 the deposit of their 
expenses; 
(c) compelling the production of documents; 
(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 motu any person whose evidence 
appears to be material. 
                                                                                                                                                                                     
1Substituted for the word “Commissioner” by the Punjab Redemption and Restitution of Mortgaged Land (Amendment) 
Ordinance, 2001 (XLIII of 2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, 
pp. 1805-1806, s. 2. 
2Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 
2011), s. 12(2), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 12. (The Act ibid came 
into force on Ap ril 20, 2011 vide Notification No. 1078 -2011/487-LR-I, dated Ap ril 4, 2011, published in the Punjab Gazette 
(Extraordinary), dated April 16, 2011, p. 4081). 
3V of 1908. 
4V of 1908. 
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
1
, relating to recognized 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 l ast preceding sub -section, 
the Collector 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 proclamation 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 m ay, 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 asse ss 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. 
24.  Repeal and savings.– (1) The following enactments are hereby repealed:– 
(a) The Redemption of Mortgages (Punjab) Act, 1913
2
; 
(b) The Redemption of Mortgages (Punjab) Act, 1913
3
, as applicable to the 
former State of Bahawalpur; 
(c) The North -West Frontier Province Redemption of Mortgages Act, 
1935
4
; 
                                                           
1V of 1908. 
2Punjab II of 1913. 
3Punjab II of 1913. 
4N.W.F.P. III of 1935. 
(d) The Punjab Restitution of Mortgaged Lands Act, 1938
1
; 
(e) The Punjab Restitution of Mortgaged Lands Act, 1938
2
, as applicable to 
the former State of Bahawalpur; and 
(f) The North-West Frontier Province Restitution of Mortgaged Lands Act, 
1950
3
. 
 (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 provisions of 
this Act, so far as may be, be dee med to have been respectively commenced, 
framed, made and done under this Act. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
1Punjab IV of 1938. 
2Punjab IV of 1938. 
3N.W.F.P. XXXII of 1950.