Land Act, 1931

Validation of certain sub-divisions and sub-lettings.

16.—(1) Where at the passing of the Land Act, 1923 , a holding to which that Act applies was sub-divided or in part sublet in breach of a statutory condition or of a covenant or condition contained in the lease or agreement under which such holding was held, the Land Commission, if it so thinks proper having regard to all the circumstances of the case, may, on the application of any person in separate occupation of a portion of such holding by virtue of such sub-division or subletting, declare the portion or each of the several portions of such holding so separately occupied to be a separate holding, and the person in such separate occupation thereof to be the tenant thereof and, in the case of a subletting, declare the portion of such holding which is not so sublet to be a separate holding and the person in separate occupation thereof to be the tenant thereof.

(2) Where the Land Commission makes a declaration under this section such declaration shall have effect according to the terms thereof and the following provisions shall have effect, that is to say:—

(a) the sub-division or subletting (as the case may be) which is the subject of such declaration shall be and be deemed, as at and from the passing of the Land Act, 1923 , to have been lawful and valid;

(b) in the case of a declaration made in respect of a subdivision section 20 of the Land Act, 1923 , shall apply to every portion of a holding declared by such declaration to be a separate holding with the modification that the date of such declaration shall be substituted in that section for the date of the passing of that Act;

(c) in the case of a declaration made in respect of a subletting, section 23 of the Land Act, 1923 , shall apply as if sub-section (3) of that section were omitted therefrom and with the modification that the date of such declaration shall be substituted in sub-section (1) of that section for the date of the passing of that Act.

(3) The Land Commission shall not make a declaration under this section save either with the consent of all parties concerned or after notice of the application for such declaration has been served in the prescribed manner on all parties concerned and all such parties have been afforded an opportunity of objecting to the making of such declaration.

(4) Every application for a declaration under this section and every objection duly made to the making of such declaration shall be considered and decided by the Land Commissioners other than the Judicial Commissioner, and there shall be a right of appeal to the Judicial Commissioner from the decision of the other Land Commissioners on any such application or objection and the decision of the Judicial Commissioner on such appeal shall be final save that an appeal shall lie on questions of law only from the decision of the Judicial Commissioner to the Supreme Court.