50. Determination of encumbrances and payment of the amount.—
(1)The Tahsildar while determining the amount under section 48B shall determine any mortgage or other encumbrance lawfully subsisting on the land on the date of vesting, and the amount due under the mortgage or the encumbrance in respect of such land shall save as provided in section 106 be a charge on the amountpayable in respect of such land to the person who has created the mortgage or encumbrance.(2)(a)If the total amount payable in respect of encumbrances is less than the amount payable in respect of such land it shall be deducted from such amount and the balance paid to the land-owner, landlord the intermediaries, if any, and other persons interested, towards the amount.(b)If the total amount payable in respect of the encumbrances is more than the amount payable in respect of the land, the amount payable shall be distributed among the holders of encumbrances in the order of priority. If any person has a right to receive maintenance or alimony from the profits of the land, deductions shall also be made for such payment out of the amount payable.(3)If any question of law is involved regarding the validity of the encumbrance, the claim of the holder of the encumbrance or regarding the amount due in respect of the encumbrance or if there is no agreement regarding any encumbrance between the landlord and the holder of the encumbrance, then notwithstanding anything contained in section 132, the Tahsildar shall refer the question for decision to the Court. On receipt of such reference the Court shall after giving notice to the parties concerned, try the question referred to it as expeditiously as possible and record findings thereon and send the same to the Tahsildar. The Tahsildar shall then give the decision in accordance with the said findings.(4)Notwithstanding anything contained in any law, any advance paid by the tenant to the landlord for the lease or purchase of the land held by him on lease from the landlord shall be deemed to be a charge on the land, and the debt shall be discharged in the same manner as an encumbrance on such land under this section.
