Section 17(2) in West Bengal Estates Acquisition Act, 1953
(2)(a)Where an intermediary is the holder of a temporary interest the compensation payable to such intermediary in respect of such interest [shall not exceed the amount of net income which the intermediary would have derived from such interest during the unexpired period thereof] [Substituted by Section 9(2)(a), ibid for the words shall be paid out of the compensation which would, but for the existence of such temporary interest, be payable to his immediate superior landlord.], or(b)where the interest of intermediary is subject to a usufructuary mortgage, the compensation payable to such intermediary shall be apportioned between him and his usufructuary mortgagee [in such proportion as may be just and fair having regard to the unexpired period of the usufructuary mortgage];[Inserted by Section 9(2)(b), ibid.][ xxx ][The words "and the Compensation Officer shall apportion the compensation between the holder of such temporary interest and his immediately superior landlord or between such intermediary or his mortgagee in such proportion as may be just and fair having regard to the unexpired period of such temporary interest or the usufructuary mortgage" omitted by Section 9(2)(c), ibid.]
