(1) A protected tenant who has made an improvement on the land held by him shall, if his tenancy is terminated under the provisions of this Act, be entitled for such improvement to compensation the amount of which shall, on an application made by the tenant in the prescribed
53. Amended by Act No.III of 1954.
Rights of protected tenant heritable.
Compensation for improvements made by protected tenant.
48 [Act No.XXI of 1950] form, be determined by the Tribunal in accordance with the provisions of sub-section (2).
(2) The amount of compensation determined by the Tribunal shall be the value of the improvement at the time of the termination of the tenancy estimated with due regard to:-
(a) the amount by which the value of the land is increased by the improvement;
(b) the present condition of the improvement and the probable duration of its effect;
(c) the labour and capital provided or spent by the tenant for the making of the improvement; and
(d) any reduction or remission of rent or other advantage allowed to the tenant by the landholder in consideration of the improvement.
42. A protected tenant shall be entitled to erect a farmhouse on the land held by him as a protected tenant.
54[43. Notwithstanding anything in any law for the time being in force, or any custom, decree or contract to the contrary, it shall be lawful for a protected tenant to mortgage, or create a charge on, his interest in the land in favour of the Government, a Co-operative Society, including a Land Mortgage Bank, or any other institution, in consideration of a loan advanced to him by the Government, Co-operative Society or institution, as the case may be, under the relevant law relating to the grant of loans to agriculturists for the time being in force in the State; and without prejudice to any other remedy open to Government, Co-operative Society or institution, in the event of the
54. Section 43 substituted by Act No.11 of 1969.
Protected tenant‘s right to erect farm house.
Right of protected tenant to mortgage, or create charge on, his interest in land as security for loan.
[Act No.XXI of 1950] 49 protected tenant making a default in payment of such loan in accordance with the terms on which it was advanced, it shall be lawful for the Government, Co-operative Society or institution, as the case may be, to cause his interest in the land to be sold, and the proceeds thereof to be applied in payment of such loan.]