LAND ALIENATION ACT 133 



shall not be deemed to bind himself personally to repay the 

 mortgage money. 



8, (i) In a mortgage made under section 6, the following Conditions in 

 conditions may be added by agreement between the parties : permitted 



mortgages. 



(a) A condition fixing the time of the agricultural year at 

 which a mortgagor redeeming his land may resume 

 possession thereof ; 



(h) Conditions limiting the right of a mortgagor or 

 mortgagee in possession to cut, sell, or mortgage 

 trees, or to do any act affecting the permanent value 

 of the land ; and 



(c) Any condition which the Local Government by general 

 or special order may declare to be admissible. 



(2) In mortgages made under section 6, any condition not Power to 

 permitted by or under this Act shall be null and void. revise mort- 



9. (i) If after the commencement of this Act a member fnform^ot 

 of an agricultural tribe makes a mortgage of his land in any permitted, 

 manner or form not permitted by or under this Act, the and mort- 

 Collector shall have authority to revise and alter the terms of g^g^^ by con- 

 the mortgage so as to bring it into accordance with such form '^'^*°"^ ^^ ^• 

 of mortgage permitted by or under this Act as the mortgagee 



appears to him to be equitably entitled to claim. 



(2) If a member of an agricultural tribe has before the com- 

 mencement of this Act made a mortgage of his land in which 

 there is a condition intended to operate by way of conditional 

 sale, the Collector shall have authority to put the mortgagee 

 to his election whether he will agree to the said condition 

 being struck out, or to accept, in lieu of the said mortgage, a 

 mortgage in form (a) as provided by section 6 which shall be 

 made for such period not exceeding the period permitted by 

 the said section, and for such sum of money as the Collector 

 considers to be equitable. 



(3) If a suit is instituted in any Civil Court on a mortgage 

 to which subsection (i) apphes, or if a suit for the enforce- 

 ment of a condition intended to operate by way of conditional 

 sale in a mortgage made before the commencement of this Act 

 is instituted, or is pending at the commencement of the Act in 

 any Civil Court against a member of an agricultural tribe, or 

 if an appeal in any such suit is instituted, or is pending at the 

 commencement of this Act in any Civil Court other than the 

 High Court, the Court shall, if it finds that the mortgage is 

 enforceable, or that the mortgagee is entitled to a decree 

 absolute for foreclosure, refer the case to the Collector with a 

 view to the exercise of the power conferred by subsections (i) 

 and (2) respectively. 



