S. C. MOHAPATRA, J. ( 1 ) IN this Civil Revision, the plaintiff challenges the exercise of jurisdiction of the Court calling upon him to pay court-fee under S. 7 (iv) (c) of the Court-fee's Act. ( 2 ) PLAINTIFF claiming to be the legal representative of the mortgagor filed the suit for redemption; for directing the defendants to hand over the possession of the properties alleging them to be the successors of the mortgagee; and in case of their failure to deliver possession, to get recovery of possession from the defendants. ( 3 ) IT is not disputed by Mr. Rahim, the learned counsel for the petitioner, that the suit of the plaintiff being based on a possessory mortgage, S. 17 of the Orissa Money-Lenders Act, 1939 (in short 'the Act') is applicable to this case. S. 17 of the Act, as substituted in the year 1975, reads as follows :"17. Discharge of possessory mortgages : - (1) Notwithstanding anything to the contrary contained in any law or anything having the force of law or in any contract, any possessory mortgage which is executed either before or after the commencement of this Act shall, unless discharged previously, stand discharged after the expiration of a period of seven years from the date of the mortgage. (2) On the discharge of the mortgage as aforesaid, the mortgagee shall deliver to the mortgagor all documents in his possession or power relating to the mortgaged property and shall retransfer the property to the mortgagor and put him in possession thereof at his cost free from the mortgage and from all encumbrances created by him and those claiming under him within three months from the date of expiry of the aforesaid period of seven years; provided that in cases where the said period of seven years has expired prior to the 22nd day of Sept. 1975, the delivery of documents and the delivery of possession of the property as aforesaid shall be effected within three months from the said date. (3) In case of the death of the mortgagor before the delivery of possession, the mortgagee shall deliver possession of the said documents and the mortgaged property to the successor-in-interest of the mortgagor. 1975, the delivery of documents and the delivery of possession of the property as aforesaid shall be effected within three months from the said date. (3) In case of the death of the mortgagor before the delivery of possession, the mortgagee shall deliver possession of the said documents and the mortgaged property to the successor-in-interest of the mortgagor. (4) Where the mortgagee is unable to ascertain or is in doubt as to who is the successor-in-interest, he shall make an application within the period allowed for delivery of possession, to the Court which is competent to entertain a suit in respect of the mortgaged property for taking over possession and management of the property and custody of the documents whereupon the Court shall appoint a receiver and thereupon, the provisions contained in Order XL of the Code of the Civil Procedure, 1908 shall, so far as may be, apply. (5) Any person claiming to be the successor-in-interest of the mortgagor may apply to the Court within twelve years from the date of appointment of the receiver for possession of the property whereupon the Court shall determine if the applicant or any other person is the successor-in-interest and for the said purpose the Court shall, as far as may be, follow the procedure provided in Part A of the Indian Succession Act, 1925. (6) After such determination, the Court shall deliver possession of the property along with the documents and the amount, if any, which has accrued from the income of the property to the person who is found by the Court to be the successor-in-interest. (7) If no application is made under sub-sec. (5) within the period specified therein, or if such an application being made no person is found to be the successor-in-interest and the said period has already elapsed, the property along with the amount, if any, which has accrued from its income shall lapse to the State Government. Explanation - For the purpose of this section any mortgage in pursuance of which the mortgagee is in possession and enjoyment of the mortgage security in satisfaction of the mortgage debt either in whole or in part shall be deemed to be a 'possessory mortgage'. " ( 4 ) UNDER S. 17 (1), the mortgage is discharged. Sub-sec. Explanation - For the purpose of this section any mortgage in pursuance of which the mortgagee is in possession and enjoyment of the mortgage security in satisfaction of the mortgage debt either in whole or in part shall be deemed to be a 'possessory mortgage'. " ( 4 ) UNDER S. 17 (1), the mortgage is discharged. Sub-sec. (2) creates an obligation of the mortgagee to deliver back the possession to the mortgagor at the cost of the mortgagee within three months from the expiry of the period of seven years of the possessory mortgage. Where the period of seven years has already expired before the substituted provision was incorporated, three months' time was granted to the mortgagee to deliver possession. Where the mortgagor is dead, possession is to be delivered to his successor-in-interest and where the mortgagee is not able to ascertain the legal representative or is in doubt, he is to file an application in the Court for taking over possession and management of the property. On the filing of such application the Court shall appoint the mortgagee as receiver of the property, as provided under sub-sec. (4 ). Within twelve years of such application by the mortgagee, any person claiming to be the successor-in-interest of the mortgagor is to apply to the Court and on determination of his interest get the possession of the property with the usufructs thereof. In case no application is made within the time stipulated by any person claiming to be successor of the mortgagor to the mortgaged property, the property with its usufructs shall be the property of the State as provided under sub-sec. (7 ). ( 5 ) THERE is no provision where the mortgagee fails to make the application or where the mortgagee is not available to make the application. The mortgage having stood statutorily discharged, there is no scope for a suit for redemption. The mortgagee or his successor-in-interest cannot acquire adverse possession. In such circumstance, the nature of the suit shall be recovery of possession only where court-fee is to be paid ad valorem as provided under S. 7 (iv) (c) of the Court-fees Act. ( 6 ) THERE is no material in this case to indicate that an application by the mortgagee under S. 17 is pending. In such circumstance, the nature of the suit shall be recovery of possession only where court-fee is to be paid ad valorem as provided under S. 7 (iv) (c) of the Court-fees Act. ( 6 ) THERE is no material in this case to indicate that an application by the mortgagee under S. 17 is pending. Once such application would be proved to be pending, the only Statutory remedy of the petitioner who claims to be the successor-in-interest of the mortgagor would be to file an application as provided in S. 17 (5) of the Act and the suit for recovery of possession would not be maintainable. ( 7 ) IN the light of my analysis above, the trial Court is correct to call upon the plaintiff to pay court-fee under S. 7 (iv) (c) of the Court-fees Act. The application for review had no merit and the same had rightly been dismissed. ( 8 ) IN the result, the Civil Revision fails and is dismissed. No costs. Revision dismissed. .