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[Cites 0, Cited by 0] [Section 143] [Entire Act]

State of Rajasthan - Subsection

Section 143(vi) in Rajasthan Land Revenue (Land Records) Rules, 1957

(vi)Paragraph 135 directs that second mortgage should be regarded as a collateral one and given effect to as such, and that subsequently a new mortgage with possession should be sanctioned when the land is redeemed by the second mortgagee from the first one. "A" mortgages his land in the first instance to "B" in whose favour a mutation of mortgage with possession is sanctioned. Then "A" remortgages the same land to "C" and a mutation of collateral mortgage in favour of "C" is the result in accordance with the instructions laid down in paragraph 135. Subsequently "C " redeems the land from "B" and consequently two mutations of redemption in favour of "A" one from "B" and other from O followed by a mutation of mortgage with possession in favour of "C" are entered, and sanctioned. In the case of redemption from "B" in favour of "A" the mutation fee should be levied from "A" while no such fee should be levied in the case of redemption from "C" as such redemption is only a "Tartibi" one and analogous to that mentioned in paragraph 135.