Insert the following Form after the Form 22-C

Insert the following Form after the Form 22-C.

FORM NO. 22-D

(See Paragraph 244)

22-D. Form of Mortgage Deed for House Building Advance in cases of joint ownership.

THIS INDENTURE is made on the...……………………………………………………..………….. day of ...…………………………………………….. one thousand nine hundred and ..………….............. corresponding to Saka Samvat the...............day of one thousand nine hundred and ....................... BETWEEN Sri/Smt./Km. .........son of/wife of/daughter of Sri...................................resident of................(Designation..............) hereinafter called "the Mortgagor", which term shall, where the context so admits include his/her heirs, executors, administrators and assigns of the first part AND *[Sri/Srimati...............son of/wife of Sri...............resident of...........................who is the.................................[ relationship with the Mortgagor ] of the Mortgagor ( hereinafter called "The Surety" which term shall, where the context so admits include his/her heirs, executors, administrators and assigns ) of the second part, ]

†(1) Sri/Srimati.....................son of/wife of Sri................................resident of........................................who is the................( relationship with the Mortgagor ) of the Mortgagor

(2) Sri/Srimati..................son of/wife of Sri.....................resident of................who is the..................( relationship with the Mortgagor ) of the Mortgagor

(3) Sri/Srimati..............son of/wife of Sri...............resident of .............who is the ..............( relationship with the Mortgagor ) of the Mortgagor, (4) etc. (hereinafter jointly called "the sureties" which term shall, where the context so admits, include their respective heirs, executors administrators and assigns)of the Second part; AND the Governor of Uttar Pradesh (hereinafter called "the Mortgagee", which term shall, where the context so admits include his successors-in-office and assigns) of the Third part.

WHEREAS, the Mortgagor and the Surety/Sureties are absolutely seized and possessed of or otherwise well entitled to the land, hereditaments and premises hereinafter described and expressed to be hereby conveyed, transferred and assured (hereinafter referred to as "the hereditaments").

AND WHEREAS, the Mortgagor has applied to the Mortgagee for an advance of the sum of Rs ............... (Rupees .......................) for enabling him/her to defray the expenses of††...........................as a suitable residence for his/her own use.

AND WHEREAS, under the provisions contained in the Account Rules of the Government of Uttar Pradesh (hereinafter referred to as ‘Rules’ which expression shall where the context so admits include any amendments thereof or addition thereto for the time being in force) the mortgage has agreed to advance to the mortgagor the sum of Rs .......................(Rupees .......................) in a lump-sum [in the instalments mentioned in the Schedule hereto]**

NOW THIS INDENTURE WITNESSETH as follows:

(1) In pursuance of the said agreement and in consideration of the sum of Rs .................paid on or before the execution of these presents to the Mortgagor by the Mortgagee the receipt whereof the Mortgagor hereby acknowledges [and the balance sum of Rs...................to be paid in the instalments mentioned in the schedule hereto] **for the purpose of enabling the Mortgagor to defray the hereinbefore recited expenses, the Mortgagor and the surety (sureties) hereby convenant with the Mortgagee that the Mortgagee or will repay to the Mortgagee the said principal sum and interest there on calculated according to the said Rules on or before the ...........day of............19............. next and if the loan shall not be repaid on that date will pay interest in accordance with the said Rules.

(2) For the consideration aforesaid the Mortgagor and the Surety (Sureties) hereby convey, transfer and assure unto the Mortgagee All that piece of land being plot no..........................situated in the.............district of .......registration district of..........sub-registration district of............containing more or less................(area) now in the occupation of the Mortgagor and the Surety (Sureties) and bounded as follows:

North

South

East

West

together with the dwelling house and the out-office, stables, cook-rooms and out-buildings now erected or hereafter to be erected on the said piece of land together with all rights, easements, appurtenances to the said hereditaments or any of them belonging TO HOLD the said hereditaments with their appurtenances including all erections and buildings here in after erected and built on the said piece of land unto and to the use of the mortgagee absolutely subject to the provision for redemption herein after contained.

3. If and as soon as the said advance made upon the security of these presents is repaid with interest thereon calculated according to the Rules by the deduction of monthly instalments from the salary of the mortgagor or by any other means whatsoever then the mortgagee will upon the request and at the cost of the mortgagor and/or the Surety (Sureties) reconvey, transfer or reassure the hereditaments unto and to the use of the Mortgagor and the Surety (Sureties) or as they may direct.

4. It is hereby agreed and declared by the Mortgagor and the Surety (Sureties) that if there be any breach by the Mortgagor and/or the Surety (Sureties) of the convenants herein contained or if the Mortgagor dies or does not remain in the service of the Mortgagee before the said principal sum and interest thereon have been fully paid to the Mortgagee then the Mortgagee may sell the hereditaments or any part thereof either together or in parcels and either by public auction or by private contract with power to rescind any contract for sale and to resell without being answerable for any loss which may be occasioned thereby and to do and execute all such acts and assurances for effectuating any such sale as the Mortgagee thinks fit and the receipt issued by the Mortgagee for the purchase money of the premises sold or any part thereof shall effectually discharge the purchaser or purchasers therefrom.

5. The Mortgagee shall hold the money that arises from any sale in pursuance of the aforesaid power UPON TRUST in the first place thereout to pay all the expenses incurred on such sale and in the next place to apply the same towards satisfaction of the amount for the time being owing on the security of these presents and then to pay the surplus, if any, to the Mortgagor and the Surety.

6. The Mortgagor and the Surety (Sureties) hereby convenant with the Mortgagee that they, the Mortgagor and the Surety (Sureties) shall during the continuance of this security observe and perform all the provisons and conditions of the rules on his/their part to be observed and performed in respect of these presents and the hereditaments.

7. The said Rules shall be deemed and taken to be part of these presents.

8. The Mortgagee may recover the balance of the said advance and interest remaining unpaid from the whole or any specific part of the gratuity that may be sanctioned to the Mortgagor.

9. Without prejudice to any remedy provided by law or this deed, the Mortgagee may on the certificate of the Secretary to Government in the administrative department which shall be final conclusive and binding on the Mortgagor and the Surety (Sureties), recover all dues hereunder from Mortgagor and Surety/Sureties or and of them jointly or severally as arrears of land revenue.

IN WITNESS WHEREOF the Mortgagor and the Surety (Sureties) have here unto set their hands the day and year first above written.

THE SCHEDULE HEREIN REFFERED TO

Rs.................on or before

Rs.................on or before

Signed by:

Witness:

1. ————— (1) Mortgagor

(Address)

Occupation (2) Surety (Ist Surety)

2. ————— (3) (IInd Surety)

(Address)

Occupation

*Where only two joint owners of the property

†Where more than two joint owners of the property.

††Insert "the purchase of the hereditaments" "building house on the said hereditaments" or "repairing the said heridataments" as the case may be.

**Delete the words in brackets if the advance is not to be paid by instalments.

( C. S. no. 30, dated September 15; 1983 )

[ Vitta (Lekha) Anubhag-1, File no. 15 (2)-80 ]