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Section 48

The Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949State Act of Gujarat · Act 41 of 1949

(1) If the estate under management or any part thereof be in the possession of a mortgagee or conditional vendee, the manager at any time after the liquidation scheme has been sanctioned as aforesaid, may, by an order in writing, require such incumbrancer to deliver up possession of the same to him at the end of the then current year.

(2) If such incumbrancer refuses or neglects to obey such order, the manager may without resorting to a civil court enter upon the property and summarily evict therefrom the said incumbrancer or any other person obstructing or resisting in his behalf.

(3) Nothing in this section shall be held to affect the right of any incumbrancer to receive under the liquidation scheme the amount, if any, awarded to him under this ordinance.

49. Subject to the rules made under this Ordinance, the manager, after the liquidation scheme has been sanctioned as aforesaid, shall have power to sell or grant on lease all or any part of the estate under the management:

Provided that the estate or any part thereof shall not be sold or leased for a period exceeding 10 years without the previous permission of the Collector:

Claim not duly notified to be barred.

Determination of debts and liabilities.

Power to rank debts and fix interest.

Scheme for Liquidation.

Provision of scheme.

Effects o f sanct ion ing scheme.

Power to remove mortgagee in possession.

Power to sell or lease.

6 Saurashtra Gharkhed, Tenancy Settlement and [ 1949 : Sau Ord. XLI Agricultural Lands Ordinance, 1949.

1949 : Sau Ord. XLI] Saurashtra Gharkhed, Tenancy Settlement and 7 Agricultural Lands Ordinance, 1949.

Provided futher that the Collector shall not give such permission unless he is satisfied that such sale or lease is necessary for the benefit of the estate. The decision of the Collector shall be final.

50. The manager’s receipt for any moneys, rents or profits raised or received by him under this Ordinance shall discharge the person paying the same therefrom or from being concerned to see to the application thereof.

Where this provision sits

ActThe Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949
Section48
JurisdictionState of Gujarat
StatusIn force as published by the source

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