Section 3(36) in Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961
(36)"Possessory mortgagee" means a mortgagee entitled to the possession of the whole or part of the mortgaged property and to receive the rents and profits accruing from such property or any part of such rents and profits and to appropriate the same in lieu of interest or in payment of the mortgage money or partly in lieu of interest or partly in payment of the mortgage money [and "possessory mortgage" and "possessory mortgagor" shall be construed accordingly]. [Added by section 2 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1965 (Tamil Nadu Act 10 of 1965), which was deemed to come into force on the 2nd May 1962.][(36-A) "private trust" includes a trust under which the beneficiaries are persons, who are ascertained or capable of being ascertained. [Inserted by section 3(2)(b) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1972 (Tamil Nadu Act 37 of 1972).]Explanation.-Notwithstanding anything contained in this Act, for the purpose of this clause, where the income from a public trust is substantially appropriated for the benefit of the founder of the trust or his heirs or of the family of the founder or of his heirs, such trust shall be deemed to be a private trust notwithstanding the terms of the trust;][[(36AA)] [This clause was inserted by section 6(i) of the Tamil Nadu Tenancy (Amendment) Act, 1965 (Tamil Nadu Act 9 of 1965).] "Proclamation of Emergency" means the proclamation issued under clause (1) of Article 352 of the Constitution on the 26th October 1962;]
