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Section 35: Certain mortgagees to be deemed as tenants under the Act

The Himachal Pradesh Tenancy and Land Reforms Act, 1972State Act of Himachal Pradesh · Act 8 of 1974

(1) If land comprising the tenancy of a tenant is mortgaged to him with possession by the landowner, and such land is subsequently redeemed by the landowner, the tenant shall, notwithstanding such redemption or any other law for the time being in force, be deemed to be the tenant of the landowner in respect of such land on the same terms and conditions on which it was held by him immediately before the execution of the mortgage as if the mortgage had never been executed.

(2) Where a tenant referred to in sub-section (1) has been dispossessed by the landowner in execution of a decree or order of redemption, he shall be entitled to be restored to his tenancy in the manner prescribed, on the same terms and conditions on which it was held by him immediately before the execution of the mortgage, on an application made by him to an Assistant Collector of the first grade having jurisdiction within a period of one year from the commencement of this Act.

(3) An application received under sub-section (2) shall be disposed of by the Assistant Collector of the first grade in a prescribed manner.

Where this provision sits

ActThe Himachal Pradesh Tenancy and Land Reforms Act, 1972
Section35
Marginal noteCertain mortgagees to be deemed as tenants under the Act
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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