Land Act, 1931
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Holdings deteriorated or reduced by neglect of landlord to repair drains. etc. |
47.—(1) Where the landlord of any tenanted land vested or to be vested under this Act was, prior to the declaration of the appointed day for such land, liable, either alone or in conjunction with another person or other persons and either under the terms of a contract of tenancy or under a statute or otherwise, to cleanse or maintain or to contribute to the cleansing or maintenance of any watercourse, drain, embankment, or other work and such landlord neglected so to cleanse or maintain or contribute to the cleansing or maintenance of such work and by reason of such neglect a holding on such tenanted land has become permanently deteriorated or substantially reduced in area and in consequence of such deterioration or reduction the Land Commission is not satisfied that such holding is security for the standard purchase annuity to which, but for this section, it would become liable on vesting, the Land Commission, on the application of any person interested or without any such application and either before or after the appointed day— | |
(a) may, where the purchase money of such holding has not been advanced, make an order refusing to advance such purchase money and may thereupon fix the standard purchase annuity of such holding in the manner provided by the Land Act, 1923 , in respect of holdings subject to rents other than judicial rents where the landlord and the tenant do not agree; or | ||
(b) may, where the purchase money of such holding has been advanced, reduce the standard purchase annuity of such holding to the amount of a standard purchase annuity to be thereupon fixed by the Land Commission for such holding in the manner provided by the Land Act, 1923 , in respect of holdings subject to rents other than judicial rents where the landlord and the tenant do not agree. | ||
(2) Section 2 of the Land Act, 1929 , shall not apply to standard purchase annuities fixed by the Land Commission under this section. | ||
(3) The Land Commission shall not make an order under this section save either with the consent of all parties concerned or after notice 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 order. | ||
(4) Every application for an order under this section and every objection duly made to the making of any such order 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. |