Section 4(2) in The Bengal Alienation Of Agricultural Land (Temporary Provisions) Act, 1944.
(2)When the Collector makes an order for payment by instalments under sub-section (1), he shall direct such instalments to be paid-(a)in the case where the agricultural land in respect of which such order is made has been alienated by the transferee before the date of such order by means of a bona fide transfer for valuable consideration or a bona fide gift by a registered instrument or heba, to the person in possession of such land as a result of such alienation;(b)in the case where such land has been alienated by the transferee before such date by means of a bona fide lease for valuable consideration or a usufructuary mortgage to the transferee and the person in possession of such land as a result of such alienation in such proportion and in such manner as may be determined by the Collector and specified in the order; and (c) in other cases, to the transferee:Provided that if such land is subject to a bona fide mortgage other than a usufructuary mortgage and such mortgage was executed after the transfer of such land referred to in sub-section (1), the Collector shall direct that such instalments shall first be paid to the mortgagee until the amount due under the mortgage as determined by the Collector is paid off and that thereafter any such instalments or part thereof still remaining due shall be paid in the manner provided in clause (a), clause (6) or clause (c) of this sub-section, as the case may be.
