284 RESTRICTIONS ON THE ALIENATION OF LANDS. 



In the cases specified in section 13 of the Act the Deputy Com- 

 missioner is expressly empowered to eject the person wrongfully in 

 possession and to place in possession the person entitled to it. No 

 such express provision is made in respect of a mortgagee without pos- 

 session who may become entitled to an usufructuary mortgage under 

 section 6 (7) (#), nor in respect of a mortgagor who under section 7 

 (S) may redeem his land. It has been thought expedient to make 

 it clear that a Deputy Commissioner may complete the case without 

 compelling the parties to go to another tribunal before those entitled to 

 possession can enjoy it. The power of a Deputy Commissioner should, 

 however, be so limited as not to affect the claims of persons other than 

 the parties before him who may have obtained possession. Sections 

 6 and 7 have been amended accordingly. 



Section 9 has also been amended to provide for a case which 

 has not been infrequent in practice. A mortgagee put to his election 

 asks for a fresh mortgage which the mortgagor refuses to execute. 

 Matters are then at a deadlock. The mortgagor, it is true, if he re- 

 fuses the help offered, might be left to his fate and the mortgage 

 might be foreclosed against him precisely as if section 9 (2) did not 

 exist. But the refusal is generally due to ignorance and suspicion, 

 and to leave him to his fate would be entirely to the advantage of the 

 mortgagee. It is an object of the legislation to protect the ignorant 

 mortgagor and to protect his heirs, and to prevent the land going from 

 the family. Power has therefore been given to the Deputy Commis- 

 sioner to execute the mortgage on his behalf. The case only arises 

 where there is a condition intended to operate by way of conditional 

 sale in a mortgage made before the commencement of the Act, but 

 these will continue to be dealt with for a good many years to come, 

 and the amendment is therefore considered advisable. 



A new section has been added after section 21. It follows section 

 27 of the Punjab Pre-emption Act and enables a Deputy Commis- 

 sioner to take action in respect of a decree or order of a Civil Court 

 which appears to him to be contrary to the provisions of the Punjab 

 Alienation of Land Act. It will enable a check to be placed on 

 attempts, collusive or otherwise, to evade the Act, and provides a 

 remedy against mistakes of subordinate Courts. 



