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State of Uttar Pradesh - Section

Section 12 in The United Provinces Agriculturists Relief Act 1934

12. [ Application for redemption] [Republished by Section 27(1) of U.P. Act XII of 1940, except in its application to mortgages made before the commencement of that Act].

- Notwithstanding anything contained in section 83 of the Transfer of Properly Act, 1882, or any contract to the contrary, an agriculturist who has made a mortgage either before or after the passing of this Act, or any other person entitled to institute a suit for redemption of the mortgage, may ; at any time after the principal money has become due, and, before a suit for redemption is barred, file an application before the Court within whose jurisdiction the mortgaged property or any part ,of it situate, in such form and giving such particulars as the [State Government] [ Sub by the ALO 1950 for "Provincial Government" which had been Substituted by the ALO 1937 for "LG"] may by rule prescribe, and praying for an order directing that the mortgage be redeemed, and, where the mortgage is with possession, that he be put in possession of the mortgaged property. The application shall be duly verified in the manner prescribed by law for the verification of plaints and shall state the sum which the applicant declares to the best of his belief to be due under the mortgage. The applicant shall at the same time deposit such sum with the Court.Explanation. - For the purposes of sections 11 and 12 the word "property" includes grove.