Section 29 in The Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947
29. Transfer of encumbrances.
(1)If the holding of an owner included in a scheme of consolidation which has come into force under Section 22 is burdened with a * * * mortgage, debt or other encumbrance [other than a lease] [These words were inserted, by Bombay 69 of 1953, Section 10 (2).] such * * * mortgage, debt or other encumbrance shall be transferred therefrom and attach itself to the holding allotted to him under the scheme or to such part of it as the Consolidation Officer may, subject to any rules made under Section 37, appoint; and the [**] [The word 'lease' was deleted, by Bombay 69 of 1953, Section 10 (1).] mortgagee, creditor or other encumbrancer, as the case may be, shall exercise his rights accordingly.(2)If the holding to which a [*] [The word 'lease' was deleted by Bombay 69 of 1953, Section 10 (1).] mortgage, debt or other encumbrance is transferred under sub-section (1) of less market value than the original holding from which it is transferred the [] [The word 'lessee' was deleted, by Bombay 69 of 1953, Section 10 (1).] mortgagee, creditor or other encumbrancer, as the case may be, shall, subject to the provisions of Section 30 be entitled to the payment of such compensation by the owner of the holding, as the case may require, as the Consolidation Officer may determine.(3)Notwithstanding anything contained in Section 21, the Consolidation Officer shall, in the prescribed manner, put any [] [The word 'lessee' was deleted, by Bombay 69 of 1953, Section 10 (1).] mortgagee or other encumbrancer entitled to possession into possession of the holding to which his * mortgage or other encumbrance has been transferred under sub-section (1).
