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NCT Delhi - Section

Section 13 in The Delhi Land Reforms Rules, 1954

13. Orders of Revenue Assistant in all cases where mortgagor has failed to apply for redemption within 9 months from the commencement of Act (Sections 15 and 16).

(1)The Revenue Assistant shall at the end of nine months from the commencement of the Act, also simultaneously but separately take-up each of the remaining cases of mortgage with possession in which the mortgagor has failed to apply for redemption. He shall start judicial file for each such case and issue notices to all persons concerned, viz. the person or persons recorded as the mortgager, or as mortgagee as also to the tenants of mortgagee, if any, and call upon them to produce the mortgage deed and all relevant records including the accounts maintained by the mortgage or accounts, if any, maintained by the mortgagor. After making such enquiry as may be necessary, the Revenue Assistant shall pass orders in c accordance with the sub-sections (3) and (4) of Section 15. The plots in the self-cultivation of the mortgagee shall be included in the Bhumidhari of the mortgagee and the rest shall be declared as the Bhumidhar of the mortgagee's tenants if any, in accordance with their respective possession.
(2)The Revenue Assistant shall then proceed to calculate the new land revenue and compensation payable by the so declared Bhumidhars in accordance with Section 16. The amount of compensation payable by the mortgagee and each of the tenants, if any, shall, first be determined separately in accordance with sub-section (2) of Section 14, as explained in Clause (3) of sub-rule (b) of Rule 6-B, treating each as a non-occupancy tenant and calculating the rent of the land under mortgagee's personal cultivation under Clause (ii) of sub-section (8) of Section 14.
(3)The amount of compensation determined as payable by each tenant of the mortgagee shall be ordered to be paid direct to the proprietor mortgager in accordance with Clause (b) of sub-section (2) of Section 16. But in the case of compensation payable by the mortgagee, the amount determined in accordance with Section 14 shall have to be adjusted by a set off on account of the amount of mortgage money due to the mortgagee from the proprietor mortgager in accordance with Clause (d) of sub-section (2) of Section 16.
(4)In order to determine the mortgage money due to the mortgagee on the date of commencement of the Act from the proprietor mortgager the Revenue Assistant shall take into consideration and determine the following in L.R. Form 10-
1. The Principal amount of debt.2. The date of mortgage.3. The rate of interest.4. The mode of payment of the principal and interest. To be determined from the original mortgage deed subject asregards interest of 12% to the maximum per annum.
5. Receipts by mortgagee from rentup to the commencement of the Act.6. Receipts by mortgagee from profits, if any, of themortgaged property. Income to be determined from the accounts maintained by themortgagee.
7. Payments towards land revenue upto the commencement of the Act, out the income.8. Payments, towards other publiccharges, such as cesses and local rates.9. Cost of repairs, if any. Expenditure
The amount of net receipts, will then by the Receipts (columns 5 and 6) minus the Expenditure (Columns 7 to 10). The amount due under the mortgage will then to determined as-The principal and the amount of interest calculated at the rate of interest stipulated in the mortgage deed subject to the maximum minus net receipts.
(5)Having thus determined the amount due under the mortgage, the Revenue Assistant shall determine the amount of compensation payable by the mortgagee declared as Bhumidhar after allowing a set off in accordance with Clause (d) of sub-section (2) of Section 16. He shall also then fill up columns 24 to 29 of the register in L.R. Form 9 for each case, his final orders in the file of the case being also noted down in column 30 and signed by him.
(6)After the register in L.R. Form 9 has been completed for a village, the orders on the mortgage entries shall be brought into effect in the tenure registers in L.R. Form 4 and forms of declarations issued for those entries, the registers for the recovery of compensation in L.R. Forms 7 and 8 being also filled up and necessary action taken.