RESTRICTIONS ON THE ALIENATION OP LANDS. 241 



merit necessary for redemption, or may even have made it, but finds 

 himself prevented from getting back his land owing to the passive 

 resistance of the mortgagee. It is now proposed (clause 7) to give the 

 Deputy Commissioner power to eject the mortgagee where either 

 (1) it is proved to his satisfaction that the mortgagor has paid the 

 mortgage debt or such proportion of it as the Deputy Commissioner 

 finds to be equitably due, or (2) the mortgagor tenders the amount due. 



The other defect is of less importance. Where a mortgage is 

 without possession and the mortgagor fails to fulfil the terms of the 

 mortgage, the mortgagee may apply to the Deputy Commissioner 

 to be put in possession, and the Deputy Commissioner may thereon 

 determine that the mortgagee should be put in possession for a period. 

 But the Deputy Commissioner was not at the same time given the 

 power of enforcing his decision by putting the mortgagee in posses- 

 sion. Clause 6 has been framed to remedy this omission. 



(v) The fifth of these minor points in respect of which it is 

 proposed to remedy the defects brought to light in the working of the 

 Act concerns the matter of mortgages with condition of sale. The 

 Act declares null and void a condition of sale in a mortgage made 

 after the commencement of the Act. In the case of a mortgage 

 with condition of sale executed before the commencement of the 

 Act the Deputy Commissioner is empowered to put the mortgagee to 

 his election whether he will agree to the condition of sale being struck 

 out, or will accept a fresh mortgage in one of the authorized forms. It 

 has been found in a good many cases that where the mortgagee accepts 

 the latter alternative further progress is stayed owing to the refusal 

 or neglect of the mortgagor to execute a fresh deed. The refusal 

 might be due to one of several causes ; and in particular it would 

 obviously be to the advantage of the mortgagee that the mortgagor 

 should refuse, if the result was to leave the condition of sale effective. 

 It has been considered advisable, in the interests of the mortffao'or, 



' O O ' 



to insure that he should not suffer the consequences of his refusal or 

 inaction, and it is accordingly provided in clause 8 that, in such 

 circumstances, the Deputy Commissioner should have the power to 

 execute the deed on behalf of the mortgagor. 



(vi) The last point to be noticed concerns the action of the civil 

 courts in relation to the working of the Act. It has been found that 

 in a large number of cases subordinate civil courts have passed decrees 



31 



