Section 12 in The Jammu and Kashmir Restitution of Mortgaged Properties Act, 1976
12. Deposit of amount due by the mortgagor.
(1)Where the Tribunal finds that any sum is due to the mortgagee under section 11, the Tribunal may order the deposit of the amount found due from the mortgagor is such instalment as the Tribunal, with due regard to the paying capacity of the mortgagor, deems fit.(2)In determining the amount due, the Tribunal shall, where the mortgagee is in possession of mortgaged property, give credit to the mortgagor for the value of the benefits to be enjoyed by the mortgagee during the period covered by the installments.(3)The Tribunal may order that, in lieu of the deposit of the amount found due, the mortgagee shall enjoy the profits of the mortgaged property for such period, not exceeding ten years, reckoned from the date the mortgagee came into possession of such property, as may be determined by the Tribunal with due regard to the amount found due and the profits accruing from the property.(4)The mortgagor shall be deemed to have complied with the order of deposit, if the whole of the amount found due is deposit within the period covered by installments.(5)The provisions of this section and section 11 shall, in so far as they are applicable, also apply to mortgages without possession.
