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[Cites 0, Cited by 0] [Section 16] [Entire Act]

NCT Delhi - Subsection

Section 16(2) in The Delhi Lands Reforms Act, 1954

(2)the mortgagee and the tenants, if any; in respect of the mortgaged property or any portion thereof, who have been declared as Bhumidhars as aforesaid, shall pay to the proprietor mortgagor compensation which shall be determined as follows:
(a)the amount of compensation payable by the mortgagee and each of the tenants, if any, shall be determined separately in accordance with the provisions laid down in clauses (a) and (b) of sub section (2) of section 14 for determining the amount of compensation, payable by a Bhumidhar;
(b)the amount of compensation as determined under clause (a) payable by each of the tenant shall be paid by him to the proprietor mortgagor through court either in one lump sum or in instalments in the manner laid down in sub section (4) of section 14;
(c)the total amount due from the proprietor mortgagor to the mortgagee under the mortgage deed on the date of the commencement of this Act shall then be determined in the prescribed manner after deducting the receipts if any, by the mortgagee from the mortgaged property;
(d)if the amount of compensation payable by the mortgagee to the proprietor mortgagor to the proprietor mortgagor is greater than the amount determined under clause © the mortgagee shall pay through court to the proprietor mortgagor as compensation the difference between the two in one lump sum;[within six months from the date of the order] [Inserted by Delhi Act 16 of 1956, section 9] and where the amount of compensation payable by the mortgagee is less than the amount determined under clause (c), the entire mortgage money with interest , if any thereon, shall be deemed to have been fully satisfied by the enjoyment of the usufruct of the mortgaged property and the proprietor mortgagor shall not be required to pay anything under the mortgage deed to the mortgagee.