Section 44 in The Hyderabad Court of Wards Act, 1350 F
44. Provisions regarding leases with inadequate consideration.
(1)Where any property of a ward in the possession of any person who has been granted a lease by the ward and dated within the three years immediately preceding the commencement of superintendence of the Court, or of any representative of such lessee, the [Collector] [Substituted by A.O., 1956.] may inquire into the sufficiency of the consideration for which the lease was granted; and if the [Collector] [Substituted by A.O., 1956.] is of the opinion that the consideration is inadequate, he may, with the previous sanction of the Court, give notice in writing to the lessee that the lease shall determine at the end of the then current revenue year, unless the lessee or his representative pays or agrees to pay such additional consideration specified in such notice within the date therein fixed. If such person fails to pay or to agree to pay the additional consideration agreed upon by the [Collector] [Substituted by A.O., 1956.], the lease shall determine at the end of the then current revenue year.If the lessee or his representative is aggrieved by the said notice of the [Collector] [Substituted by A.O., 1956.], he may within three months from the date of receipt of such notice, institute a suit against the ward, in a competent Court for determining the following matters :-(a)Whether the consideration for the lease was adequate;(b)If the consideration is found to be inadequate, the consideration which would be reasonable.(2)The Court, if satisfied that the lease was granted for adequate consideration, shall pass a declaratory decree.(3)If the Court is of the opinion that the consideration is inadequate, it shall determine the amount of additional consideration.(4)If no suit is instituted as aforesaid or after institution of a suit, the Court decrees an additional consideration, and the lessee does not, within a month from the date of the decree pay or enter into an agreement to pay the additional consideration, the [Collector] [Substituted by A.O., 1956.] may, without resorting to a Court, enter upon the property, and may evict the lessee or any person resisting on his behalf.
