Land Act, 1931

Dismissal of purchase proceedings in respect of certain vested holdings.

13.—(1) Whenever it appears to the Land Commission that a holding included in a list of vested holdings is not a holding to which sub-section (1) of section 24 of the Land Act, 1923 , as amended and extended by the Land Act, 1927 , applies, the Land Commissioners other than the Judicial Commissioner shall, after serving notice in the prescribed manner on all parties concerned, make such order in the matter as the justice of the case shall require.

(2) There shall be a right of appeal to the Judicial Commissioner from every order made by the other Land Commissioners under the foregoing sub-section of this section and the decision of the Judicial Commissioner on any such appeal shall be final, save that an appeal shall lie on questions of law only from such decision of the Judicial Commissioner to the Supreme Court.

(3) When the purchase proceedings in relation to a holding are dismissed by an order made by the Land Commission under this section, the following provisions shall have effect, that is to say:—

(a) the Land Commission shall pay into the land bond fund such sum as shall be required to redeem the land bonds issued for the purchase of such holding (including the contribution of the State to the standard price); and

(b) all parties shall be restored in all respects to their mutual rights and liabilities in relation to such holding as such rights and liabilities existed immediately before the passing of the Land Act, 1923 ; and

(c) the tenant shall be bound to pay to the Land Commission all arrears of payment in lieu of rent or of the annual sum equivalent to the standard purchase annuity and such arrears shall be deemed to be a charge on such holding in priority to all existing interests and incumbrances affecting the tenancy therein; and

(d) the tenant shall be entitled to credit for all moneys paid by him in respect of such holding on account of payment in lieu of rent or annual sum equivalent to the standard purchase annuity as against rent or other payment due by him to his landlord in respect of such holding; and

(e) all moneys paid by the Land Commission under this sub-section shall be recoverable by them in the manner provided by this Act; and

(f) the Land Commission shall have for the recovery of moneys payable under this sub-section to them by the tenant the same remedies as they have for the recovery of unpaid instalments of purchase annuities.