Land Act, 1950

Amendment of section 45 of Land Act, 1939.

26.—(1) In sub-section (1) of section 45 of the Land Act, 1939 , the words “such mortgage or charge”, where those words occur secondly and thirdly, shall, in a case in which any mortgage or charge (in this section referred to as the substituted mortgage or charge) has, in the opinion of the Judicial Commissioner, been given by any person substantially in substitution for the mortgage or charge given by the purchaser, be construed as including the substituted mortgage or charge.

(2) An application may be made after the passing of this Act under section 39 of the Land Act, 1923 , in respect of the substituted mortgage or charge notwithstanding that an application under that section in respect thereof was made and refused before the passing of this Act.