section 51
(1) Whae any surplus land acquired under the provi- Claims of
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961Chapter IV CONSTITUTION AND FUNCTIONS OF THE LAND BOARD.
(1) Where any surplus land acquired under the provisions of this Act is subject to a mortgage or charge subsisting on the date of the acquisition, the mortgagee or the charge holder shall, where the amount due to him or part thereof can be fixed by agreement, be paid such amount or part. Where no such agreement can be reached, the mortgagee or the charge holder shall within sixty days from the date of the acquisition, prefer a claim in such manner as may be prescribed before the authorized officer, who shall, subject to the provisions of sub-section (3) decide the claim in such manner as may be prescribed and record the reasons for the decision. (2) Where there be more claimants than one, the authorized officer shall settle the order in which each claimant is entitled to receive the amount due to him, and in doing so he shall be guided by the appropriate provisions of the Transfer of Property Act, 1882 (Central Act IV of 1882). (3) Where in the opinion of the authorized officer the decision of a claim under sub-section (1) or sub-section (2) involves a substantial question of law or of fact, he shall, for reasons to be recorded in writing, refer the claim to the Land Tribunal for decision. (4) If the amount of claim allowed to the mortgager or the charge holder by the authorized officer exceeds the amount payable under section 50, the entire amount payable under the said section 50 shall be paid to the mortgagee or the charge holder, as the case may be, and the balance may be recovered by the mortgagee or the charge holder in accordance with law for the time being in force.
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