History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.577

v4.c63.577

The rule of *dāmdupat* has been acted upon by the courts in India in modern times⁶⁹⁴. Though under the Transfer of property Act before its amendment in 1929 there was a conflict of decisions, since 1929 it is settled that the rule of dāmdupat does not apply to mortgages governed by the Transfer of Property Act. But the rule is so reasonable and humane that the Deccan Agriculturists' Relief Act (XVII of 1879) has made (by sec. 13) the rule of dāmdupat applicable to all agriculturists as defined by the Act, whether Hindus or non-Hindus; and the Bombay Agricultural Debtors Relief Act (of 1939), sec. 42, the Madras Debt Conciliation Act (XI of 1936, sec. 16) do the same.