Section 11(1) in The Jammu and Kashmir Restitution of Mortgaged Properties Act, 1976
(1)Notwithstanding anything contained in any other law for the time being in force or any decree. Judgement or order of any Court where the mortgage is one to which this Act applies and the Tribunal finds that the value of the benefits enjoyed by the mortgagee, equals or exceeds the costs of improvements, if any, effected by such mortgagee in accordance with the terms of the mortgagee, plus one and Half times the amount of the principal money, or the pecuniary value of the goods actually advanced under the mortgage, it shall order in writing-(a)That the mortgage be extinguished; and(b)Where the mortgagee is still in possession, that the mortgagor be put into possession of the mortgaged property as against the mortgagee and that the title deeds, if any be restored to the mortgagor; and(c)Where the mortgagee has received money in excess of one and a half times the amount of the principal money, or the pecuniary value of the goods actually advanced, and the cost of such improvements if any, that such excess amount be [recovered from the mortgagee and paid to the mortgagor.] [Substituted by Act XXXIV of 1978, Section 2.]
