Land Act, 1933
|
Holdings let for a special purpose. |
40.—(1) A holding shall not be excluded from the provisions of the Land Act, 1923 , and of the Acts amending and extending that Act, in virtue of which lands are vested in the Land Commission as tenanted lands on the appointed day, by reason only of the fact that such holding is held under a contract of tenancy expressed to be made for temporary depasturage, temporary convenience, or to meet a temporary necessity if the Land Commission, having regard to all the circumstances of the case, is of opinion that such tenancy was not in fact intended for temporary depasturage or that there was in fact no temporary convenience or temporary necessity to be served in the making of such contract of tenancy or that such holding is used as an ordinary farm and in any case is of opinion that such holding should be deemed to be a holding to which the said provisions of the said Acts apply. | |
(2) No person shall be precluded from making an application to the Land Commission for an order declaring the appointed day for any such holding as is mentioned in the foregoing sub-section of this section by reason only that the holding had been, prior to the passing of this Act, excluded from the said provisions of the said Acts on the ground that it was held under a letting for temporary depasturage or to meet a temporary convenience or a temporary necessity. | ||
(3) A provision contained in any such contract of tenancy (whenever made) as is mentioned in the first sub-section of this section or in a contract of tenancy (whenever made) the main object of which was for a residence and purporting directly or indirectly to preclude the tenant under such contract from exercising rights under the Land Purchase Acts or any particular such right shall be and, if such contract was made before the passing of this Act, be deemed always to have been void and unenforceable. |