Special provision regarding certain melpattoms.

(1) This section applies to subsisting melpattoms granted by agriculturists before the commencement of this Act for periods of two years or more. (2) Notwithstanding that the period of a melpattom has not expired, the agriculturist who granted the melpattom, or his successor-in-interest if he is an agriculturist, shall be entitled to terminate the melpattom on application to the court and on depositing in court one-third of the advance outstanding. Explanation.-For the purposes of this sub-section, the expression "advance outstanding" means an amount which bears to the total amount of the advance the same proportion as the unexpired term of the melpattom bears to its full term. (3) If there is dispute regarding the amount of the advance outstanding, the court may provisionally determine the amount after such summary enquiry as it deems fit and direct the deposit of the deficit, if any, and on such deposit, the rights of the melpattomdar to collect the usufructs shall cease, and the person who granted the melpattom or his successor-in-interest, as the case may be, shall be entitled to take the usufructs. (4) As soon as may be after the provisional determination of the amount under sub-section (3), the court shall, after due enquiry, finally determine the amount and pass orders- (a) for the deposit of the deficit or the adjustment or refund of the excess if any, as the case may be; and (b) directing the person who granted the melpattom or his successor-in-interest, as the case may be, to deposit the balance amount, if any, in ten equal half-yearly instalments together with interest which accrued due on such balance outstanding till the date of payment of each instalment, at six percent per annum simple interest, the first instalment being payable within a period of six months from the date of the first deposit or the date of the provisional determination of the amount of advance under sub-section (2) or under sub-section (3), as the case may be. (5) An order passed under sub-section (4) shall also direct the sale of the land on which a charge has been created under sub-section (6) for realising any amount due, and such order shall be deemed to be a decree. (6) The melpattomdar shall have a charge on the land, the usufructs from which formed the subject of the melpattom, for the amount due, and such charge shall have priority over all other charges created after the date of the melpattom. (7) Court-fees on the amount outstanding after the deposit under sub-section (2) shall be paid by the applicant before the recording of evidence, or, where no such evidence is recorded, before the final determination under sub-section (4).