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[Cites 0, Cited by 0] [Section 16] [Entire Act]

State of Tamilnadu - Subsection

Section 16(3) in Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961

(3)
(a)
(i)The possessory mortgagor to whom possession of the land mortgaged revert under sub-section (1), shall pay the mortgage money due to the possessory mortgagee in respect of that land.
(ii)Where possession of a part only of the land mortgaged reverts to the possessory mortgagor under sub-section (1), the possessory mortgagor shall pay to the possessory mortgage, such amount of the mortgage money as bears to the entire amount of the mortgage money, the same proportion as the value of the part aforesaid on the date of such reversion bears to the value of the entire extent of the land mortgaged on the said date.
(iii)Where no agreement can be reached in respect of the mortgage money payable under sub-clause (i) or (ii), the authorised officer shall, subject to the provisions of sub-clause (iv) and after making such enquiry as he deems fit, decide amount so payable.
(iv)Where in the opinion of the authorised officer, the decision of a question under sub-clause (iii) involves a substantial question of law or of fact, he shall, for reasons to be recorded in writing, refer the question to the Land Tribunal.
(b)The land or any part thereof, the possession of which reverts to the possessory mortgagor under sub-section (1) shall be the security for the payment of the mortgage money.
(c)The mortgage money referred to in clause (a) shall, for the purpose of Article 132 of the First Division of the First Schedule to the Indian Limitation Act, 1908 [(Central Act IX of 1908)] [See now the Limitation Act, 1963 (Central Act 36 of 1963).], be deemed to have become due with effect from the date of reversion under sub-section (1), and shall carry interest at the rate of five and a half per cent per annum from the said date.
Explanation. - In this sub-section, "mortgage money" means the money payable in accordance with the provisions of the [Tamil Nadu] [Substituted for word 'Madras' by The Tamil Nadu Adoptions of Laws order 1969 as amended by the Tamil Nadu Adoptions of Laws (Second Amendment) Order, 1969.] Agriculturists Relief Act, 1938 ([Tamil Nadu] [Substituted for word 'Madras' by The Tamil Nadu Adoptions of Laws order 1969 as amended by the Tamil Nadu Adoptions of Laws (Second Amendment) Order, 1969.] Act IV of 1938).