Section 3 — Definitions

Jammu and Kashmir Restitution of Mortgaged Properties Act, 1976 · Free to read

In this Act unless there is anything repugnant in the subject or context—

(i) “benefits” includes any payments made by the mortgagor in kind or in cash ;

(ii) “Collector” means the officer designated as such under the Jammu and Kashmir Land Revenue Act, Svt. 1996 ;

[(iia)“Government” means the Government of the Union territory of Jammu and Kashmir ;]

(iii) “mortgagor” and “mortgagee” respectively shall include the assignee, successor-in-interest and legal representative of such mortgagor or mortgagee, as the case may be ;

(iv) “prescribed” means prescribed by rules made under this Act ;

(v) “Subordinate Judge” means the Subordinate Judge appointed under the Jammu and Kashmir Civil Courts Act, Svt. 1977 ;

(vi) the expressions “mortgage”, “mortgagor”, “mortgagee”, “mortgage-deed” shall have the same meanings as are assigned to them in [the Jammu and Kashmir Transfer of Property Act, Svt. 1977] ; and

(vii) the words and expression used in this Act but not defined have the meaning assigned to them in [the Transfer of Property Act, 1882 (4 of 1882)].