Section 135 in Rajasthan Land Revenue (Land Records) Rules, 1957
135. Mortgages.
- (i) All mortgages and sub-mortgages, whether collateral or with possession, whether contracted for long or short periods and whether by deed or by oral agreement, should be entered in the mutation register, redemptions of such mortgages should also be entered. Cases of increase of mortgage money on previous mortgage, should not be entered in the Mutation Register. In such cases, if the Tehsildar is of opinion that the change sough to be introduced would result in contravention or evasion of any of the relevant provisions of the Land Revenue and Tenancy Act. he should forward the mutation, without passing orders on it, to the Collector for the exercise, in his discretion, of the powers vested in him under the above Acts. But other cases of mere increase of mortgage money, on a previous mortgage, which is otherwise maintained uncharged, should not be entered in the Mutation Register. Care should be taken to ascertain how the mortgaged land is cultivated and how the produce of rent is enjoyed, and by whom the revenue or rent is paid, other conditions of the mortgage need not be particularly enquired into, but the amount of the mortgage, as admitted by the mortgagor, should be noted in column 14 of the Mutation Register. Collateral mortgages, though entered in the register, are only noted in the remarks column of the Jamabandi. Land which is already subject to mortgage is sometimes mortgaged by the mortgagor to a third person on the condition that the previous mortgage will be deemed by the latter. This second mortgage should be treated as a collateral mortgage mid subsequently a new mortgage with possession should be sanctioned when the land is redeemed by the second mortgage, sub-mortgage, accompanied by the transfer of possession, is treated as a mortgage with possession.(ii)A mutation should be entered m respect of land hypothecated to Government by way of security of repayment of an advance. If a second loan is taken on the same security is not necessary to enter a new mutation.
