Land Act, 1939

Obligation on allottees of holdings and parcels to reside thereon in certain cases.

19.—Where a holding or parcel of land includes a dwelling-house and such holding or parcel either was allotted to but not vested in a purchaser before the passing of this Act or is allotted to a purchaser after the passing of this Act, the following provisions shall have effect, that is to say:—

(a) it shall be obligatory upon such purchaser to take up residence in such dwellinghouse within three months (or such longer period as the Land Commission, if they so think proper, shall sanction) after the date on which the Land Commission direct him so to do;

(b) save as is otherwise provided in the next following paragraph of this section, such holding or parcel shall not be vested in such purchaser unless he takes up residence in such dwelling-house before the expiration of the said three months or longer period;

(c) the Land Commission may, at any time before the expiration of the said three months or longer period aforesaid, waive the said obligation on such purchaser to take up residence in such dwellinghouse and may, at any time after such waiver, vest such holding or parcel in such purchaser notwithstanding that he has not taken up residence in such dwelling-house;

(d) if, upon the expiration of the said three months or such longer period as aforesaid, the Land Commission have not waived the said obligation and such purchaser has not taken up residence in such dwelling-house, the Land Commission shall demand and recover possession of such holding or parcel freed and discharged from any claim by such purchaser.