Section 25: Encumbrances of landholders and tenants

(1) If any holding brought under the scheme of consolidation is burdened with any lease, mortgage, or other encumbrance, such lease, mortgage or other encumbrance shall be transferred and attached to the holding allotted under the scheme, to the landholder or tenant, as the case may be,of the first, mentioned holding or to such part thereof as the Consolidation Officer, subject to any rules that may be made under section 44, may have determined in preparing the scheme, and thereupon, the lessee, mortgagee or other encumbrancer, as the case may be shall cease to have any right in or against the holding from which the lease, mortgage or other encumbrance has been transferred. (2) If the holding to which a lease, mortgage or other encumbrance is transferred, under sub-section (1) is of less market value than the original holding from which it is transferred, he lessee, mortgagor or other encumbrancer, as the case may be, shall subject to the provisions of section 32 be entitled to the payment of such compensation by the landholder or tenant, as the case may be, of the holding as the Consolidation Officer may determine, (3) Notwithstanding anything contained in section 23 the Consolidation Officer shall, if necessary, put any lessee or any mortgagor or other encumbrancer, entitled to possession, in possession of the holding or part of the holding to which his lease, mortgage or other encumbrance has been transferred under sub-section (1).