Amendment status not verified — confirm the current text below against the official source.
Notwithstanding anything contained in any other Consequ- law for ths time bcing in force or in any mortp.ge deed or ences of other instrument or agreement, where a proprietor mortgagor ~~q~~~~ faiIs to apply for the redemption of his mortgage within the dhari rights time specified in sub-section (1) of section 15 and the rnort- by mort- gagee and tenants, if any, in respect of the mortgaged pro- gagees etc., perty or any portion thereof are declared Bhumidhars in ac- cordancs with the provisions of sub-section (3) or sub-section (4), as the case may be, of that section, the following conse- quences shall follow, namely : - (1) the proprietor mortgagor shall be absoltltely debar- red of his right tor redeem the mortgage; 'Subs. by s. 7 of Central Act 4 of 1959 for the original sub-section. Tbe words "whether or not it was the Sir or Khudkasht of the mortgagor on the date of the mortgage" rep. by s. 7 c,f Central Act 4 of 1959. 74 The Deihi Land Reforms Act, 1954 (Chapter ZZI-B. General consequences qf the terminatit;i;rk of intermediaries riehts) (2) the mortgagee and the tenants, if any. in respect of the mortgaged property or any portion thereof, who h a ~ e - becn declared as Bhumidhars as aforesaid, shall pay *of the proprietor mortgagor compensation which shall be dc.. termined as follows : - i (a) the amount of compensation payable by the 9 mortgagee and each of the tenants, if any, shall be deter. mined separately in accordance with the provisions lald down in zlauses (a) and (b) of sub-section (2) of sectioik 14 for determining the ariivuii; of compensation, payable by a Bhumidhar; (b) the amount of compensation as determined under clause (a) payable by each of the tenants shal? 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 shal? then be determined in the prescribed manner afks deducting the receipts if any, by the mortgagee frorn the mortgaged property; (d) if the amount of compensation payable b) the mortgagee to the proprietor-mortgagor is greater than , the amount determined under clause (c) the mortgagec 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 thz order] and where the amount of compensation payable % by the mortgagee is less than ths amount -determined under clause (c), the entire mortgage money with 1 interest, if any thereon,, shall be deemed to have been fully satisfied by the enjoyment of the usufruct ol the morigaged property and the proprietor-mortgagor shall not be required to pay anything under the mort- gaze deed to the mortgagee. (3) where a tenant mortgagor, referred to in sub-section (5) of section 15. fails to apply ior rdemption within the period specified in sub-section (1) of that section, the provisions of sub-sction (1) and of clause (a) of sub-section (2) shall apply mutatis mutandis and the amount or ccL11i- pensation payable by the mortgagee and his tenants. if any, in respect of mortgaged land in possession of each to the proprietor shall be determined separately, in accord- ance with the provisions of clauses (a) and (b) of s u b section (2) of section 14. The compensation so determined shall be paid as follows :- (i) where the mortgagor tenant is an occupancy tenant under section 5 of the Punjab Tenancy Act, 'Ins. by s. 9 of Ddhi Act 16 of 19% 1 The Delhi Land Reforms Act, 1954 (Chapter 111-B. Gemral amsequences of the termination of intermediaries rights) 1887, or a Pattadar Dawami or Istarnrari with right of transfer by sale, the amount due from the mortgagor to the mortgagee under the mortgage shall also be determined in it--dance with clause (c) of sub-section (2). The mortgagee or his tenants shall each first pay out of the total c m ~ n s a t i o n determined above, an amount equal to four times the land revenue pay- able for the land in his possession immediately before the commencement of this Act, to the proprietor. If the balance of the compensation payable by the mofe gagee and his tenants, is greater than the amount d m mort- to the mortgagee from the mortgagor under thp gage the difference shall be paid by the mortgagee and his tenants, as comgxnsatioil to the mortgagor tenant '[in one lump sum within six months from the date of the order, first by the mortgagee's tenant upto the ex- tent of the balance of his share of compensation an2 then by the mortgagee upto the extent of the amomit left over, if any]. If it is less, the entire mortgage money with interest shall be deemed to have been fully satisfied by the enjoyment of the usufruct and noth- ing shall be payable to the mwtgagee in adjustment of the mortgage money, (ii) where the mortgagor tenant is a tenant, other than an occupancy tenant under sectim 5 of the Pun- jab Tenancy Act. 1887, or a Pattadar Dawami cx Istarnrari with right of transfer by sale, the entire amount of compensation payable by the moltgagpe and his tenants, if any, shall be paid direct to the proprietors of the mortgagor tenant and the mmtgage money, shall be deemed to have been fully satisfied by the enjoyment of the usufruct. '[IMA). Where a tenant is declared as Bhumidhar io ~ ~ ~ ~ respect of any part of mortgaged area that has been re- declared deemed under sub-section (1) of section 15, the cmpen- Bharnidhar sation payable by such tenant to the mortgagor shall be of determined and wid in the manna provided in clause (2) or clause (3) of section 15 according as such tenant is de- clared a Bhurnjdhas uiider sub-section (2) or sub-section 15) of secti~n 15.1 ITir. Notwithstanding any contract made or anything Variation id done or permitted to be done, on a after the first day of ~ ~ r ~ u I ~ s r . July, 1950 by or on behalf d a proprietor or a tenant, in 1950, not respect of any land in the State, the rent payable therefor by be recogni- the. tenant in the fasli year immediately preceding the corn- zed. mencement cvf this Act shall be deemed to be an amount ( equal to the rent payable by the tenant or his predecessor- in-title on the date aforesaid and any reduction or remission made therein after the said date otherwise than in pursuance of a decree or order of a court shall not be taken into account : 'Ins. by s. 9 of Ddhi Act 6 of 1956. Tns. by 8. 8 of Central Act 4 of 1959. (w.e.f. 20-7-1954). 6-1 Ddhi Adm.170 , 76 The Delhi L a d Reforms Act, 1954 (Chapter ZII-3. General msequences of the terrninariutt of intermedories rights) Contract agreement or eviction to d ~ f ~ t provisions of this Act to be void. Provided that where the rent reduced in pursuance uf ainosct corn- any decree or order aforesaid is less than tb- puted at the prevailing village rate of rent the rent payable shaU be an amount so computed.