Land Act, 1939

Apportionment of rent under section 44 of the Land Act, 1931.

48.—Where the Land Commission, on or in consequence of an application under sub-section (1) of section 44 of the Land Act, 1931 , has (whether before or after the passing of this Act) apportioned, under sub-section (2) of that section, the rent reserved by the fee farm grant or lease under which the parcel of land to which such application relates is held, then and in such case, if the other land comprised in such fee farm grant or lease and on which a portion of such rent has been so apportioned is entitled to be indemnified by such parcel of land against the whole or a part of such rent, the following provisions shall (in addition to such (if any) of the provisions contained in the next preceding section as are applicable) apply and have effect, that is to say:—

(a) the Judicial Commissioner, on the application of the owner or owners of such other land and on notice to all parties interested, may make such provision, by way of a charge on such parcel of land or otherwise, as appears to him to be equitable for the preservation of the said right of indemnity;

(b) the Judicial Commissioner may at any time, on the application of any party interested, vary in any manner which appears to him to be equitable the charge created or other provision made by him under the next preceding paragraph of this section;

(c) the said charge (if any) created under this section on such parcel of land shall rank next in priority to the annual sum or annuity set up on such parcel of land in consequence of the said application under sub-section (1) of the said section 44.