Section 51 in Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961
51. Claims of mortgages or charge holder on surplus land.
(1)Where any surplus land acquired under the provisions of this Act is subject to a mortgage or charge subsisting on the date of the acquisition, the mortgagee or the charge holder shall, where the amount due to him or part thereof can be fixed by agreement, be paid such amount or part. Where no such agreement can be reached, the mortgagee or the charge holder shall [within sixty days] [Substituted for the words 'within ninety days' by section 3(13) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tamil Nadu Act 39 of 1972).] from the date of the acquisition, prefer a claim in such manner as maybe prescribed before the authorised officer who shall, subject to the provisions of sub-section (3), decide the claim in such manner as may be prescribed and record the reasons for the decision.(2)Where there are more claimants than one, the authorised officer shall settle the order in which each claimant is entitled to receive the amount due to him and, in doing so, he shall be guided by the appropriate provisions of the Transfer or Property Act, 1882 (Central Act IV of 1882).(3)Where, in the opinion of the authorised officer, the decision of a claim under sub-section (1) or sub-section (2) involves a substantial question of law or of fact, he shall, for reasons to be recorded in writing, refer the claim to the Land Tribunal for decision.(4)If the amount of claim allowed to the mortgage or the charge holder by the authorised officer exceeds [the amount payable under section 50, the entire amount payable under the said section 50] [Substituted for 'the amount of compensation payable under section 50, the entire amount of such compensation' by section 5(vi) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of 1979).] shall be paid to the mortgagee or the charge holder, as the case may be, and the balance may be recovered by the mortgagee or the charge holder in accordance with law for the time being in force.
