Section 12 in The Himachal Pradesh Debt Reduction Act, 1976
12. Procedure where several decrees are executed simultaneously.
(1)Where several persons holding decrees to which this Act applies, move the court before it has granted mortgage under section 11 for execution of their decrees by grant of a mortgage of agricultural land, the court shall, subject to the provisions of that section, observe the following principles in executing the decrees: -(a)when any such decree is based on a loan, the payment of which is already secured by a mortgage of the whole or part of the agricultural land (hereinafter described as secured decree), the holder of such decree shall first be granted a mortgage of the agricultural land already mortgaged to him, and the holder of a decree based on an unsecured loan (hereinafter described as an unsecured decree) shall be granted a mortgage of the remaining agricultural land, if any;(b)when there are more than one secured decrees and also unsecured decrees-(i)if different portions of the agricultural land are mortgaged in the secured decrees, the holder of each such decree shall be granted a mortgage of the portion which is already mortgaged to him;(ii)if the same agricultural land is mortgaged in more than one decree, mortgages shall be granted to the holder of such decree in order of their priority; and(iii)if after the grant of mortgages under sub-clauses (i) and (ii) there remains any agricultural land free from such mortgages, the holders of the unsecured decree shall be granted mortgages thereof;(c)as among persons holding unsecured decrees, such persons shall subject to the provisions of clause (b) each be granted simultaneously mortgages of rateable shares of the agricultural land in such manner as may be prescribed.(2)Where a decree is executed by the grant of a mortgage under the provision of the first proviso to sub-section (1)of section 11, the court shall grant a certificate of mortgage-with such particulars as a my be prescribed and shall follow the procedure laid down in sub-section(2) of section 89 of the Indian Registration Act, 1908 (16 of 1908), as if such certificate was a certificate of the sale of immovable property and the registering officer shall file the copy of the certificate in his book No.1. Such certificate of mortgage shall be exempted from stamp duty.
