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State of Gujarat - Section

Section 48 in Saurashtra Gharkhed, Tenancy Settlement And Agricultural lands Ordinance, 1949

48. Power to remove mortgagee in possession.

(1)If the estate under management or any part thereof be in the possession of a mortgagee or conditional vendee, the manager at any time after the liquidation scheme has been sanctioned as aforesaid, may, by an order in writing, require such incumbrancer to deliver up possession of the same to him at the end of the then current year.
(2)If such encumbrancer refuses or neglects to obey such order, the manager may without resorting to a civil court enter upon the property and summarily evict therefrom the said incumbrancer or any other person obstructing or resisting in his behalf.
(3)Nothing in this section shall be held to affect the right of any encumbrancer to receive under the liquidation scheme the amount, if any, awarded to him under this Ordinance.