Land Act, 1939
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Prevention of vesting of certain holdings. |
40.—(1) Where the Lay Commissioners (other than the members of the Appeal Tribunal) or the Appeal Tribunal on appeal from such Lay Commissioners find that, having regard to the character or user of a holding to which this section applies and to all the circumstances of the case, it would not be in the interest of the country that the tenancy in such holding should be sold under the Land Purchase Acts, such finding shall operate to prevent the vesting of such holding in the Land Commission on the appointed day. | |
(2) This section applies to every holding in respect of which one of the following conditions is complied with, that is to say:— | ||
(a) that the landlord has, before the passing of this Act, furnished the particulars in relation to such holding mentioned in section 40 of the Land Act, 1923 , but such holding has not been included in any list of vested holdings published before such passing under section 9 of the Land Act, 1931 ; | ||
(b) that the landlord has furnished the said particulars after the passing of this Act; | ||
(c) that the tenant has applied before the passing of this Act under section 14 of the Land Act, 1931 , for an order requiring the landlord to furnish the said particulars and such application has, at the passing of this Act, not been heard; | ||
(d) that the tenant has applied after the passing of this Act under section 14 of the Land Act, 1931 , for an order requiring the landlord to furnish the said particulars. |