{ "schema_version": "qanun-law-text/1", "id": "punjab-code-a81c565c8a477f34", "title": "PUNJAB REDEMPTION AND RESTITUTION OF MORTGAGED LANDS ACT 1964", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/VWBQZFNiVGQ-", "version": null, "source_snapshot": "2026-08-06T16:59:58Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "326ae2fe98603b6cdd37e6d8207c9723c5ea1ea2970774e293425509f927d210", "source_sha256": "326ae2fe98603b6cdd37e6d8207c9723c5ea1ea2970774e293425509f927d210", "text_version_id": "law:punjab-code-a81c565c8a477f34:sha256:326ae2fe98603b6cdd37e6d8207c9723c5ea1ea2970774e293425509f927d210", "quality_flags": [], "encoding": "UTF-8", "text": "THE PUNJAB REDEMPTION AND RESTITUTION OF \r\nMORTGAGED LANDS ACT, 1964 \r\n(XIX of 1964) \r\nCONTENTS \r\nCHAPTER I \r\nPreliminary \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\nCHAPTER II \r\nRedemption of mortgages \r\n3. Petition for redemption. \r\n4. Deposit of amount due under mortgage. \r\n5. Powers of Collector to order ejectment. \r\n6. Directions that the Collector shall make when ordering ejectment. \r\n7. Saving of suits to establish rights. \r\n8. No second petition. \r\n9. Cessation of interest. \r\nCHAPTER III \r\nRestitution of mortgages \r\n 10. Petition for restitution. \r\n 11. Petition when to be dismissed. \r\n 12. Power of Collector to declare and enforce orders in favour of mortgagor. \r\n 13. Effect of order of restitution when compensation is payable. \r\n 14. Appeals. \r\n 15. Revision. \r\n 16. Limitation for appeals. \r\n 17. Jurisdiction of Civil Court barred. \r\n \r\nCHAPTER IV \r\nSupplemental \r\n 18. Collector’s powers to deliver possession. \r\n 19. Collector to have certain powers of Civil Courts. \r\n 20. Application of Civil Procedure Code in certain matters. \r\n 21. Return of deposit. \r\n 22. Deposit not to be attached. \r\n 23. Power to make rules. \r\n 24. Repeal and savings. \r\n \r\n \r\n \r\n \r\n \r\n \r\nTEXT \r\n1\r\nTHE \r\n2\r\n[PUNJAB] REDEMPTION AND RESTITUTION OF MORTGAGED \r\nLANDS ACT, 1964 \r\n(XIX of 1964) \r\n[4 April 1964] \r\nAn \r\nAct \r\nto consolidate the law relating to the redemption and restitution of certain mortgages \r\nof land in the Province of \r\n3\r\n[the Punjab]. \r\nPreamble.– WHEREAS it is expedient to consolidate the law relating to the \r\nredemption and restitution of certain mortgages of land in the Province of \r\n4\r\n[the \r\nPunjab], in the manner hereinafter appearing; \r\n It is hereby enacted as follows:– \r\nCHAPTER I \r\nPreliminary \r\n1. Short title, extent and commencement .– (1) This Act may be called the \r\n5\r\n[Punjab] Redemption and Restitution of Mortgaged Lands Act, 1964. \r\n (2) It extends to the wh ole of the Province of \r\n6\r\n[the Punjab] , except the \r\nTribal Areas. \r\n (3) It shall come into force in such areas and from such dates as \r\nGovernment may, by notification in the official Gazette, direct. \r\n2. Definitions.– In this Act, unless the context otherwise re quires, the following \r\nexpressions shall have the meaning hereby respectively assigned to them, that is to \r\nsay– \r\n(a) “Board of Revenue” means the Board of Revenue established under \r\nthe \r\n7\r\n[Punjab] Board of Revenue Act, 1957; \r\n(b) “Collector” means the Collector of the District in which the mortgaged \r\nland or any part thereof is situated, and shall include any Revenue \r\nOfficer specially empowered by the Board of Revenue to perform the \r\nduties of a Collector, for the purposes of this Act; \r\n \r\n1For Statement of Objects and Reasons, see Gazette of West Pakistan (Extraordinary), dated February 25, 1964, p p. 593-J-\r\n593-R. This Act was passed by the West Pakistan Assembly on March 24, 1964, assented to by the Governor of West Pakistan \r\non April 3, 1964, published in the Gazette of West Pakistan (Extraordinary), dated April 4, 1964, pp. 1100-C-1100-J. \r\n2Substituted for the words “West Pakistan” b y the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), \r\npublished in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with \r\nSchedule, Part III, Serial No. 73. \r\n3Ibid. \r\n4Ibid. \r\n5Ibid. \r\n6Ibid. \r\n7Ibid. \r\n1\r\n[(c) “Commissioner” means a Commissioner of a Division appointed under \r\nthe Punjab Land Revenue Act, 1967 (XVII of 1967) and includes an \r\nAdditional Commissioner;] \r\n(d) “Government” means the \r\n2\r\n[Provincial Government of the Punjab]; \r\n(e) “land” means land which is not occupied as the sit e of any building in a town \r\nor village and is occupied or let for agricultural purposes or for purposes \r\nsubservient to agriculture or for pasture, and includes:– \r\n(i) the sites of buildings and other structures on such land; \r\n(ii) a share in the profits of an estate or holding; \r\n(iii) a right to receive rent; \r\n(iv) any right to water enjoyed by the owner or occupier of land as such; \r\nand \r\n(v) all trees standing on such land; \r\n(f) “mortgagor” or “mortgagee” includes the assignee and the representative in \r\ninterest of such “mortgagor” or “mortgagee” as the case may be; \r\n(g) “prescribed” means prescribed by rules made under this Act. \r\nCHAPTER II \r\nRedemption of mortgages \r\n3. Petition for redemption.– After the principal money becomes due and before \r\na suit for redemption is barred, a mortgagor of land not exceeding fifty acres in area \r\nor of land the principal money secured by which does not exceed five thousand \r\nrupees, may apply to the Collector for an order directing that the mortgage be \r\nredeemed and that he be put in possession. \r\nExplanation I.– The area of any share in the common land of the village or of sub -\r\ndivision appertaining thereto and mortgaged with the land, shall not be taken into \r\nconsideration while determining the area of the land mortgaged. \r\nExplanation II.– This section shall not apply to usufructuary mortgage effected for a \r\nspecific number of years and intended to terminate without the repayment of any part \r\nof its consideration. \r\n4. Deposit of amount due under mortgage .– The mortgagor shall in his \r\napplication declare what sum is to the best of his knowledge due under the mortgage \r\nand deposit such sum with the Collector at the time of making the application. \r\n5. Powers of Collector to order ejectment.– Where the Collector, after hearing \r\nthe mortgagee and holding suc h enquiry as may be prescribed, is satisfied that the \r\nmortgagor has a right to redeem and has deposited or is prepared to pay the sum \r\n \r\n1Substituted by the Punjab Laws (Amendment) Act 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated \r\nApril 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, \r\ndated April 4, 2011, published in the Punjab Gazette (Extraordinary), dated April 16, 2011, p. 4081). \r\n2Substituted for the words “Government of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. \r\n14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read \r\nwith Schedule, Part III, Serial No. 73. \r\nwhich the Collector finds due under the mortgage, he shall make an order directing \r\nthat the mortgage be redeemed. \r\n6. Directions that the Collector shall make when ordering ejectment .– (1) \r\nWhere the Collector makes an order for the redemption of a mortgage, and the \r\nwhole of the mortgage amount found due has been deposited with him, the order \r\nshall direct that such amount be pa id to the mortgagee and the excess amount, if \r\nany, deposited by the mortgagor be refunded to him. \r\n (2) Where the whole of the mortgage amount found due has not been \r\ndeposited, the order for the redemption of the mortgage shall direct– \r\n(a) that a sum which together with the sum already deposited will equal the \r\nmortgage amount found due be deposited with the Collector by the \r\nmortgagor within thirty days or within such further period as may be \r\nspecified by the Collector in this behalf; \r\n(b) that on deposit of s uch amount together with costs, if any, the \r\nmortgage shall be extinguished and the mortgagee shall deliver \r\npossession of the mortgaged land to the mortgagor, whose title thereto \r\nshall be deemed to have accrued from the date of such deposit; and \r\n(c) that the mortgage amount found due by the Collector and deposited by \r\nthe mortgagor, together with costs, if any, be paid to the mortgagee. \r\n (3) If the mortgage amount and the costs (if any) are not deposited within \r\nthe period specified in sub-section (1), the petition shall be dismissed with costs. \r\n7. Saving of suits to establish rights .– Any party aggrieved by an order of the \r\nCollector passed under section 5 or 6, may institute a suit to establish his rights in \r\nrespect of the mortgage; but, subject to the result of such suit, if any, the order shall \r\nbe conclusive. \r\n \r\n1\r\n[Provided that notwithstanding the provisions of Article 14 of Schedule I of the \r\nLimitation Act of 1908, a mortgagor may file a suit for the redemption of his \r\nmortgaged land within the un -expired perio d of limitation fixed by law for the \r\nredemption of the mortgaged lands.] \r\n8. No second petition.– The dismissal of a petition under this Chapter shall bar \r\nany further petition under this Chapter by the same petitioner or his representative in \r\ninterest in respect of the same mortgage. \r\n9. Cessation of interest.– When the petitioner has deposited with the Collector \r\nthe sum declared by the Collector to be due on the mortgage, and such sum is \r\naccepted by the mortgagee, or is found by the Collector to be the sum a ctually due \r\ninterest on the mortgage shall cease from the date of the deposit. \r\nCHAPTER III \r\nRestitution of mortgages \r\n \r\n1Added by the West Pakistan Redemption and Restitution of Mortgaged Lands (Amendment) Act, 1967 (VII of 1967), published \r\nin the Gazette of West Pakistan (Extraordinary), dated July 17, 1967, pp. 1971-C-1971-D, s. 2. \r\n10. Petition for restitution .– The mortgagor of any subsisting usufructuary \r\nmortgage not less than twenty years old, or of any usufructuary mortgage the period \r\nwhereof has expired, may present a petition to the Collector for the restitution of \r\npossession of the mortgaged land. \r\nExplanation.– A mortgage shall be deemed to subsist for the purposes of this \r\nChapter notwithstanding a decree or order for its redemption having been passed; \r\nprovided that redemption has not taken place before the presentation of a petition \r\nunder this section. \r\n11. Petition when to be dismissed .– Where the Collector is satisfied that a \r\npetition is not in respect of a subsi sting usufructuary mortgage not less than twenty \r\nyears old, or a usufructuary mortgage the period whereof has expired, he shall \r\ndismiss the petition, recording his reasons for such order. \r\n12. Power of Collector to declare and enforce orders in favour of \r\nmortgagor.– If the Collector finds that the application is in respect of mortgaged land \r\nthe possession whereof has remained with the mortgagee for a period of not less \r\nthan twenty years, or is in respect of mortgaged land the term of the mortgage \r\nwhereof has expired, he shall notwithstanding anything contained in any other \r\nenactment for the time being in force or any contract or decree or order of any \r\nCourt,– \r\n(a) order that the mortgage shall be extinguished without payment of the \r\nmortgage money or any part thereof; \r\n(b) in case of an express contract to the effect that the mortgagee shall be \r\nentitled to compensation for improvements made by him in the \r\nmortgaged land determine the amount of such compensation; and \r\n(c) where the mortgagee is in possession, direct that the mortgagor be put \r\ninto possession of the mortgaged land as against the mortgagee and \r\nthat the title deeds, if any, of such land in the possession of the \r\nmortgagee be restored to the mortgagor. \r\n13. Effect of order of restitution when compensation i s payable .– If the \r\nCollector finds that any sum is due to the mortgagee by way of compensation under \r\nclause (b) of section 12, he shall require the mortgagor to deposit the amount in such \r\nmanner as may be prescribed; and on deposit of the amount he shall d eclare the \r\nrights of the mortgagee extinguished and require the mortgagee to deliver \r\npossession of the land to the mortgagor together with all documents of title relating \r\nto the land: \r\n Provided that if a petitioner fails to deposit the amount within six mo nths, his \r\npetition may be dismissed. \r\n14. Appeals.– (1) Save as otherwise provided by this Act, an appeal shall lie from \r\nan original order of the Collector to the \r\n1\r\n[\r\n2\r\n[Commissioner]]. \r\n \r\n1Substituted for the word “Commissioner” by the Punjab Redemption and Restitution of Mortgaged Land (Amendment) \r\nOrdinance, 2001 (XLIII of 2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, \r\npp. 1805-1806, s. 2. \r\n2Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of \r\n2011) published in the Punjab Gazett e (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 12(2). (The Act ibid came into \r\n (2) Save as otherwise provided by this Act, an appeal shall lie to the Bo ard \r\nof Revenue from every order passed in appeal by the \r\n1\r\n[\r\n2\r\n[Commissioner]], on any one \r\nof the following grounds, namely:– \r\n(a) the decision being contrary to law or to some usage having the force of \r\nlaw; \r\n(b) the decision having failed to determine some mate rial issue of law or \r\nusage having the force of law; \r\n(c) a substantial error or defect in the procedure provided by this Act or by \r\nany other law for the time being in force, which possibly have produced \r\nan error or defect in the decision of the case. \r\n15. Revision.– (1) The Board of Revenue may at any time call for the record of \r\nany case pending before, or disposed of by, any Revenue Officer subordinate to it. \r\n (2) \r\n3\r\n[\r\n4\r\n[A Commissioner]] may call for the record of any case pending \r\nbefore, or disposed of by, any Revenue Officer under his control. \r\n (3) The Board of Revenue may in any case called for under sub -section \r\n(1) and \r\n5\r\n[\r\n6\r\n[a Commissioner]] may in any case called for under sub -section (2) pass \r\nsuch order as it or he thinks fit: \r\n Provided that no order shall b e passed under this section reversing or \r\nmodifying any proceedings or order of a subordinate Revenue Officer and affecting \r\nany question of right between private persons without giving those persons an \r\nopportunity of being heard. \r\n16. Limitation for appeals .– (1) The period of limitation for an appeal under \r\nsection 14 shall run from the date of the order appealed against, and shall be– \r\n(i) sixty days, when the appeal lies to the \r\n1\r\n[\r\n2\r\n[Commissioner]]; \r\n \r\nforce on Ap ril 20, 2011 vide Notification No. 1078 -2011/487-LR-I, dated Ap ril 4, 2011, published in the Punjab Gazette \r\n(Extraordinary), dated April 16, 2011, p. 4081). \r\n1Substituted for the word “Commissioner” by the Punjab Redemption and Restitution of Mortgaged Land (Amendment) \r\nOrdinance, 2001 (XLIII of 2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, \r\npp. 1805-1806, s. 2. \r\n2Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of \r\n2011) published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 12(2). (The Act ibid came into \r\nforce on Ap ril 20, 2011 vide Notification No. 1078 -2011/487-LR-I, dated Ap ril 4, 2011, published in the Punjab Gazette \r\n(Extraordinary), dated April 16, 2011, p. 4081). \r\n3Substituted for the word “Commissioner” by the Punjab Redemption and Restitution of Mo rtgaged Land (Amendment) \r\nOrdinance, 2001 (XLIII of 2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, \r\npp. 1805-1806, s. 2. \r\n4Substituted for the words and brackets “A Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI \r\nof 2011), s. 12(3)(i), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 12. (The Act ibid \r\ncame into force on Ap ril 20, 2011 vide Notification No. 1078 -2011/487-LR-I, dated Ap ril 4, 2011, published in the Punjab \r\nGazette (Extraordinary), dated April 16, 2011, p. 4081). \r\n5Substituted for the word “Commissioner” by the Punjab Redemption and Restitution of Mortgaged Land (Amendment) \r\nOrdinance, 2001 (XLIII of 2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, \r\npp. 1805-1806, s. 2. \r\n6Substituted for the words and brackets “a Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI \r\nof 2011), s. 12(3)(ii), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 12. (The Act ibid \r\ncame into force on Ap ril 20, 2011 vide Notification No. 1078 -2011/487-LR-I, dated Ap ril 4, 2011, published in the Punjab \r\nGazette (Extraordinary), dated April 16, 2011, p. 4081). \r\n(ii) ninety days, when the appeal lies to the Board of Revenue. \r\n (2) In computing the period of limitation for an appeal under this section, \r\nthe period requisite for obtaining copies of the order appealed against shall be \r\nexcluded. \r\n (3) The provisions of section 5 of the Limitation Act, 1908, shall apply to \r\nappeals under this Chapter. \r\n17. Jurisdiction of Civil Court barred .– No Civil Court shall have jurisdiction to \r\nentertain any claim or enforce any right under a mortgage declared extinguished \r\nunder this Chapter or to question the validity of any proceedings under this Chapter. \r\nCHAPTER IV \r\nSupplemental \r\n18. Collector’s powers to deliver possession .– (1) On redemption or \r\nextinguishment of a mortgage under this Act the Collector shall eject the mortgagee \r\nand deliver possession of the mortgaged land to the mortgagor. \r\n (2) In case of resistance, the Collector may exercise all the powers \r\nconferred on a Civil Court by rules 97 and 98 of Order XXI of the Code of Civil \r\nProcedure, 1908\r\n3\r\n. \r\n19. Collector to have certain powers of Civil Courts .– (1) For the purpose of \r\nany proceeding under this Act the Collector shall have the same powers as are \r\nvested by the Code of Civil Procedure, 1908\r\n4\r\n, in a court trying a civil suit and in \r\nparticular powers in respect of– \r\n(a) discovery and inspection; \r\n(b) enforcing the attendance of witnesses and requiring the deposit of their \r\nexpenses; \r\n(c) compelling the production of documents; \r\n(d) examining witnesses on oath; \r\n(e) granting adjournments; \r\n(f) receiving evidence taken on affidavit; \r\n(g) issuing commissions for the examination of witnesses; and \r\n(h) summoning and examining suo motu any person whose evidence \r\nappears to be material. \r\n \r\n1Substituted for the word “Commissioner” by the Punjab Redemption and Restitution of Mortgaged Land (Amendment) \r\nOrdinance, 2001 (XLIII of 2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, \r\npp. 1805-1806, s. 2. \r\n2Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of \r\n2011), s. 12(2), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 12. (The Act ibid came \r\ninto force on Ap ril 20, 2011 vide Notification No. 1078 -2011/487-LR-I, dated Ap ril 4, 2011, published in the Punjab Gazette \r\n(Extraordinary), dated April 16, 2011, p. 4081). \r\n3V of 1908. \r\n4V of 1908. \r\n20. Application of Civil Procedure Code in certain matters .– (1) Save as in \r\nthis Act otherwise expressly provided the provisions of the Code of Civil Procedure, \r\n1908\r\n1\r\n, relating to recognized agents and pleaders, issue and service of summons, \r\nverification of plaints, costs and appearance of parties and consequences of non -\r\nappearance, shall apply to all proceedings under this Act. \r\n (2) Notwithstanding anything contained in the l ast preceding sub -section, \r\nthe Collector may direct that a summons or proclamation may be sent by registered \r\npost and on proof of the fact that a summons or proclamation has been forwarded in \r\na letter properly addressed and duly posted and registered, he may presume that the \r\nsummons or proclamation was served at the time when the letter would be delivered \r\nin the ordinary course of post. \r\n21. Return of deposit .– If the Collector dismisses a petition under this Act, he \r\nshall order that the sum deposited by the petitioner be returned to him. \r\n22. Deposit not to be attached .– No sum deposited with the Collector by a \r\npetitioner under the provisions of this Act shall be attached by any Court or Revenue \r\nOfficer. \r\n23. Power to make rules .– (1) The Board of Revenue m ay, with the approval of \r\nGovernment and after previous publication, make rules for the purpose of giving \r\neffect to the provisions of this Act. \r\n (2) In particular and without prejudice to the generality of the foregoing \r\npower, the Board of Revenue may make rules regulating or determining the following \r\nmatters, namely:– \r\n(a) the presentation of petitions; \r\n(b) the procedure before the Collector; \r\n(c) the manner in which the Collector shall assess compensation; \r\n(d) the principles on which the Collector shall asse ss the amount \r\ndue under the mortgage; \r\n(e) the procedure for making deposit; and \r\n(f) the procedure for ejecting the mortgagee and delivering \r\npossession of the mortgaged property to the mortgagor. \r\n24. Repeal and savings.– (1) The following enactments are hereby repealed:– \r\n(a) The Redemption of Mortgages (Punjab) Act, 1913\r\n2\r\n; \r\n(b) The Redemption of Mortgages (Punjab) Act, 1913\r\n3\r\n, as applicable to the \r\nformer State of Bahawalpur; \r\n(c) The North -West Frontier Province Redemption of Mortgages Act, \r\n1935\r\n4\r\n; \r\n \r\n1V of 1908. \r\n2Punjab II of 1913. \r\n3Punjab II of 1913. \r\n4N.W.F.P. III of 1935. \r\n(d) The Punjab Restitution of Mortgaged Lands Act, 1938\r\n1\r\n; \r\n(e) The Punjab Restitution of Mortgaged Lands Act, 1938\r\n2\r\n, as applicable to \r\nthe former State of Bahawalpur; and \r\n(f) The North-West Frontier Province Restitution of Mortgaged Lands Act, \r\n1950\r\n3\r\n. \r\n (2) Notwithstanding the repeal of the enactments mentioned in sub -section \r\n(1), all proceedings commenced, rules framed, orders made and other acts done \r\nunder any of the repealed enactments, shall, if not inconsistent with the provisions of \r\nthis Act, so far as may be, be dee med to have been respectively commenced, \r\nframed, made and done under this Act. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Punjab IV of 1938. \r\n2Punjab IV of 1938. \r\n3N.W.F.P. 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