(1) If the holding of a owner included in a scheme of consolidation which has come into force under section 22 is burdened with a 78[* * *] mortgage, debt or other encumbrance 79[other than a lease] 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 80[* * *] mortgagee, creditor or other encumbrancer, as the case may be, shall exercise his rights accordingly.
(2) If the holding to which a 81 [* * *] mortgage, debt or other encumbrance is transferred under sub-section (1) is of less market value than the original holding from which it is transferred the 82 [* * *] mortgagee, creditor or other encumbrancer, as the case may be, shall subject to the provisions of section 30 be entitled to the payment of Stay of 69[Certain proceedings];ban on transfer of land during continuance of consolidation proceedings.
Bom. V of
1979.
Bom. VII of 1925.
Bom.
XXVII of
1947.
Sau. Act.
XXI of
1954.
Rights in holdings.
Transfer of encumbra nces.
Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII 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 82 [* * *] mortgagee or other encumbrancer entitled to possession into possession of the holding to which his 81[* * * *] mortgage or other encumbrance has been transferred under sub-section (1).