Section 10 in The Jammu and Kashmir Big Landed Estates Abolition Act, 2007 (1950 A. D.)
10. Lands mortgaged or leased out by the proprietor.
- Notwithstanding anything hereinbefore contained, when any land, of which the right of ownership is extinguished under the provisions of section 4, is found to have been mortgaged or leased by the proprietor, it shall subject to the other provisions of this Act, be transferred to the tiller in the following manner :-(a)in case such land is in the personal cultivation of the tiller who is also a mortgagee or a lessee, it shall vest in him in ownership right free from other encumbrances, if any, and the mortgage or lease, as the case may be, shall terminate ; and(b)in case such land is not in the personal cultivation of the mortgagee or the lessee it shall be transferred to the tillers thereof in ownership right free from all encumbrances, and the encumbrances on such land shall be shifted to the estate of which the ownership right of the proprietor is left intact under sub-section (2) of section 4, as if the same land had been mortgaged or leased by the proprietor to the mortgagee or the lessee, as the case may be, [to such extent and in such manner as is determined under the provisions of sections 10-A, 10-B and 10-C.] [Added by Act No. XXI of 2009.]
