Recouping of expenditure by Custodian

Any expenditure incurred by the Custodian in the exercise of any power conferred by or under this Act shall, in relation to any evacuee property in respect of which it has been incurred, be a charge on such property and shall, subject to the provision of section 42, have priority over all other charges on the property, and such expenditure may be met or recouped by the Custodian out of the income accruing from such property or the sale proceeds thereof. (1) The Custodian shall not ordinarily vary the terms of a lease subsisting at the time he takes possession of immovable property or cancel any such lease or evict a person who is lawfully in occupation of such property under a lease granted by a lessor before he became an evacuee and not in anticipation of becoming an evacuee, unless the Custodian is satisfied that the lessee has done or omitted to do something which renders him liable to eviction under any law for the time being in force. (2) In case of a lease or allotment granted by the Custodian himself, the Custodian may evict the person on any ground justifying eviction of a tenant under any law for the time being in force. (3) Before cancelling or varying the terms of lease or before evicting any lessee the Custodian shall serve the person or the person concerned with a notice to show cause against the order proposed to be made and shall afford him a reasonable opportunity of being heard. (4) The Custodian shall, as soon as may be, after the commencement of the Act, take appropriate proceedings under sub-section (3) of section 10 in respect of all evacuee property referred to in sub-section (2) thereof.