Land Act, 1936

Power to purchase part only of a holding.

41.—(1) Where any of the provisions of sub-section (2) of section 24 of the Land Act, 1923 , or of sub-section (1) of the next preceding section of this Act are applicable to part only of a holding, the Lay Commissioners (other than the members of the Appeal Tribunal) may, if having regard to all the circumstances of the case they think it expedient so to do, by order divide such holding into separate holdings and apportion the rent of such holding between such separate holdings and declare the appointed day for any such separate holding to which the provisions of sub-section (1) of section 24 of the Land Act, 1923 , apply.

(2) Such order as is mentioned in the next preceding sub-section of this section may be made in respect of any such holding as is mentioned in that sub-section notwithstanding that the rent of such holding is payable partly in respect of the land comprised in such holding and partly in respect of an incorporeal hereditament, and in any such case the said rent may be apportioned by such order in such manner as to make an apportioned part of the said rent payable out of a separate holding (created by such order) to which the provisions of sub-section (1) of section 24 of the Land Act, 1923 , do not apply and such incorporeal hereditament.

(3) Where sub-section (1) of section 24 of the Land Act, 1923 , would apply to a holding but for the fact that the rent of such holding is payable partly in respect of the land comprised in such holding and partly in respect of an incorporeal hereditament, the Lay Commissioners (other than the members of the Appeal Tribunal) may, if having regard to all the circumstances of the case they think it expedient so to do, by order apportion the said rent between the land comprised in such holding and such incorporeal hereditament and declare the appointed day for such holding.

(4) Where sub-section (1) of section 24 of the Land Act, 1923 , would apply to a holding but for the fact that part of such holding is held in fee farm or for lives or years renewable for ever or for a term of years of which sixty or more were unexpired at the passing of the Land Act, 1923 , the Lay Commissioners (other than the members of the Appeal Tribunal) may, if having regard to all the circumstances of the case they think it expedient so to do, by order divide such holding into separate holdings and apportion the rent of such holding between such separate holdings and declare the appointed day for any such separate holding to which sub-section (1) of section 24 of the Land Act, 1923 , applies.

(5) The next preceding sub-section of this section shall not be precluded from applying to a holding by reason only of the rent of such holding being payable partly in respect of the land comprised in such holding and partly in respect of an incorporeal hereditament, and, in any such case any apportionment of such rent under the said next preceding sub-section shall be so made that an apportioned part of such rent is payable partly out of a separate holding (created under the said next preceding sub-section) to which sub-section (1) of section 24 of the Land Act, 1923 , does not apply and partly out of such incorporeal hereditament.

(6) An appeal shall lie to the Appeal Tribunal from every order made by the Lay Commissioners (other than the members of the Appeal Tribunal) under this section, and the decision of the Appeal Tribunal on any such appeal shall be final subject only to an appeal to the Supreme Court on questions of law.