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State of Madhya Pradesh - Section

Section 17 in M.P. Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950

17. Definitions.

- In this Chapter-
(a)"secured debt" or "secured claim" means a debt or claim subsisting on the date of vesting, whether due or not due, and secured by the mortgage of or a charge on the proprietary rights divested under Section 3 but shall not include land revenue or anything recoverable as land revenue or any money for the recovery of which a suit is barred by limitation;
(b)"creditor" means a person to whom a secured debt or claim is owning and "debtor" means the person by whom such debt is owed;
(c)"excluded debt" refers to secured claims due in respect of-
(i)any liability in respect of any sum due to any society-registered or deemed to be registered under the Co-operative Societies Act, 1912 (II of 1912);
(ii)any liability in respect of maintenance whether under decree of Court or otherwise;
(iii)any liability due to a bank or a company;
(iv)any debt in respect of which an agreement has been registered under Section 12 of the Central Provinces and Berar Debt Conciliation Act, 1933 (II of 1933), or in respect of which a scheme for repayment has been framed under Section 11 of the Central Provinces and Berar Relief of Indebtedness Act, 1939 (XIV of 1939);
(v)any liability in respect of village profits or of land revenue arising between co-sharers and the lambardar or between lambardar and sadar lambardar or between superior and inferior proprietors or between a proprietor and a thekedar or a farmer of proprietary rights or between the proprietor and a malik-makbuza or between co-sharers in ijara and Jagir villages;
(vi)a mortgage claim against property in the hands of a subsequent transferee who was taken the transfer in order to satisfy the mortgage;
(vii)any liability arising between mortgagor and mortgagee in respect of land revenue of the mortgaged property which has been paid by the mortgagee on behalf of the mortgagor.