Section 2 in The Punjab Restitution of Mortgaged Lands Act, 1938
2. Application of Act to subsisting mortgages effected prior to 8th June, 1901.
- Notwithstanding anything contained in any enactment for the time being in force, this Act shall apply to any subsisting mortgages of land, which were effected prior to 8th June, 1901 [in the territories which, immediately before the Ist November, 1956, were comprised in the State of Punjab, and prior to 17th February, 1915, in the territories which immediately before the Ist November, 1956, were comprised in the State of Patiala and East Punjab States Union.] [Added by Punjab Act 18 of 1958 Schedule]Explanation. - A mortgage shall be deemed to subsist notwithstanding a decree or order for its redemption having been passed provided redemption has not taken place before the commencement of this Act [(or, in the case of a mortgage in the territories which immediately before the Ist November, 1956, were comprised in the State of Patiala and East Punjab States Union, before the date on which this Act is extended to those territories.)] [Added by Punjab Act 18 of 1958 Schedule.]
