Bare ActsThe Tamil Nadu Court of Wards Act, 1902

Section 43

Amendment status not verified — confirm the current text below against the official source.

(1) When any property of a ward is in the ye possession of a mortgagee, or any person alsiming gegee pmerweeion under a mortgagee, the '[State Government] may, may be on being satisfied that it is expedient in the publio di8poseessed. interest that the estate should be preserved and that suoh inoumbrancter should deliver up possession of the mortgaged property, make a deolaration to that effeot, and direct the Court to take possession thereof ; the Court shall, thereupon by an order in writing, require suoh inoumbranoer to deliver up possession of the same to the manager at the end of the then ourrent revenue year. (2) If suoh inoumbranoer refuses or negleots to obey suoh order, the Colleotor may, without re- sorting to a oivil oourt, enter upon the property, and summarily eviot therefrom the said inoumbranoer and any other person obstruoting or resisting on his behalf. (3) The dispossession of the inoumbranoer under sub-sectiom (1) and (2) shall not deprive him of any summary powers whioh he would h v e had under the Madras Rent Recovery Aot, 1865,' for the recovery 2py~n of arrears of rent due to him at the date of his ,f 1865. dispossession. (4) If in the instrument of mortgage under whioh the inoumbranoer iu in possession of the property, no rate of interest is specified, the Collector shall, in cases where the mortgage debt has been notified to or admitted by him, offer to the inoumbrancer the rate of interest whioh appears to him to be reason- able ; and pass an order fixing the rate aooordingly . --- 1 The words " Provinoial CSovemxwnt " were substituted for the words "Lod Q o v ~ f t t " by the Adaptation Order of 1 1957 \ and the word " Stete waa eubetituted for ''Provinci~ by the Adaptation Order of 1960. & b p a d d by Tenail Nedu Bat I of lW8. 1902 : T.N. Act I] Court of Wards i Copy of the b; order shall be served upon the inoumbranoer '-ni the manner presaribed by the Code of Civil Prooedure l for semi- of summons t x ~ v upon a defendant. If the inoumbranoer be dissatisfied

Section 43 – The Tamil Nadu Court of Wards Act, 1902 | DailyLaw.ai