Land Act, 1950

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Amendment and extension of section 39 of Land Act, 1923.

19.—(1) Where a holding has at any time been vested in a purchaser under the Land Purchase Acts subject, in conjunction with any other land or any incorporeal hereditament or any other land and any incorporeal hereditament, to a superior interest or charge (including a charge to which section 39 of the Land Act, 1923 , is deemed, by virtue of section 45 of the Land Act, 1939 , or that section as amended by this Act, to apply), section 39 of the Land Act, 1923 , shall apply for the purposes of the redemption of the superior interest or charge or of any interest superior thereto or so much thereof as may be apportioned to the holding. The Judicial Commissioner shall have power to make the said apportionment and, if he so thinks proper, he may exclusively charge the whole of the superior interest or charge or any interest superior thereto on the holding.

(2) A copy of an apportionment order made pursuant to sub-section (1) of this section shall be transmitted to the registering authority under the Registration of Title Acts, 1891 and 1942, and, on receipt thereof, the said registering authority shall cause the appropriate particulars to be registered under those Acts.

(3) No fee shall be payable in respect of any proceedings in the Land Registry under sub-section (2) of this section.

(4) In any application under section 39 of the Land Act, 1923 , or that section as extended by any other Act (including this Act), where the amount actually paid by the applicant is not the same as the amount reserved in respect of the superior interest or charge and the Judicial Commissioner is of opinion, having regard to all the circumstances of the case, that the amount actually paid by the applicant has been paid and accepted in substitution for the amount reserved in respect of the superior interest or charge, the amount so actually paid shall be deemed to be the amount reserved in respect of the superior interest or charge for the purposes of such application and of this section.

(5) Where an application (whether lodged before or after the passing of this Act) is granted after the passing of this Act under section 39 of the Land Act, 1923 , or that section as extended by any other Act (including this Act), the following provisions shall have effect:—

(a) on the making of the advance, there shall be added, to the redemption price of the amount or apportioned amount (as the case may be) reserved in respect of the superior interest or charge, a sum (in this sub-section referred to as compounded arrears) consisting of seventy-five per cent. of whichever of the following arrears of such amount is the greater (or, where they are equal, of the first-mentioned of them), that is to say:

(i) the arrears which at the date of the advance have accrued due in respect of any period or periods commencing on and after the gale day next before the lodgment of the application, and

(ii) the arrears, not exceeding three years thereof, which have accrued due at the date of the advance,

together with seventy-five per cent. of the apportioned gale of such amount from the gale day next before the date of the advance up to that date where that date is not a gale day, and, save as aforesaid no payment in respect of arrears of such amount shall be required to be made,

(b) where any payment after the lodgment of the application or in respect of any period or periods commencing on and after the gale day next before the lodgment of the application has been made on foot of the amount or apportioned amount (as the case may be) reserved in respect of the superior interest or charge, arrears shall be deemed to have accrued and the foregoing paragraph shall apply as if no such payment had been made, but every such payment (or such part thereof as may be appropriate having regard to any apportionment) shall be treated as having been made in respect of the compounded arrears and the amount of every such payment (or of the said part) in excess of the compounded arrears shall be recoverable as a claim against the redemption price,

(c) any amount of the compounded arrears added as aforesaid shall be paid, out of the amount advanced, to the person who would have been entitled to receive the compounded arrears for his own use, but the income tax, if any, due in respect of the holding shall be deducted from such added amount on the distribution of the amount advanced.

In this sub-section, the expression “the date of the advance” means the date on which the relevant land bonds are put to the credit of the relevant matter.

(6) An application may be made under section 39 of the Land Act, 1923 , by virtue of sub-section (1) of this section notwithstanding that, in the particular case in question, an application under the said section 39 was made and refused before the passing of this Act.