|
|
Partition of holdings held in commonage.
|
24.—(1) This section applies to every holding—
|
|
| |
(a) the whole or an undivided share or undivided shares of which is or are purchased under the Land Purchase Acts or is or are subject to a purchase agreement entered or deemed to have been entered into under those Acts, and
|
|
| |
(b) which is held by two or more persons (in this section referred to as owners in common) in common, whether as joint tenants or as tenants in common.
|
|
| |
(2) Where all the owners in common of a holding to which this section applies apply to the Land Commission for leave to partition such holding and submit a scheme for such partition, the Land Commission may, if they so think proper, authorise the partition of such holding in accordance with such scheme and may by order confirm such scheme and apportion as may be requisite the purchase annuity or other annual payment (if any) payable in respect of the whole of such holding.
|
|
| |
(3) Where one or more but not all of the owners in common of a holding to which this section applies apply to the Land Commission for a compulsory partition of such holding, the Land Commission, after serving the prescribed notices and making such investigations as they consider necessary, may, if they so think proper, prepare a scheme for the partition of such holding amongst the owners in common thereof and for the apportionment of the purchase annuity or other annual payment (if any) payable in respect thereof.
|
|
| |
(4) Where the Land Commission prepares a scheme under the next preceding sub-section of this section, the following provisions shall have effect, that is to say:—
|
|
| |
(a) the Land Commission shall serve on every of the owners in common a notice stating the particulars of such scheme and the manner in which and the time within which objections thereto may be lodged;
|
|
| |
(b) if no objections to such scheme are duly lodged, the Land Commission shall, on the expiration of the time for lodging such objections, by order confirm such scheme;
|
|
| |
(c) if any objections to such scheme are duly lodged, such objections shall be heard and determined by the Lay Commissioners (other than the members of the Appeal Tribunal);
|
|
| |
(d) an appeal shall lie to the Appeal Tribunal from every decision of the Lay Commissioners under the next preceding paragraph of this sub-section, and the decision of the Appeal Tribunal on such appeal shall be final, save that an appeal shall lie on questions of law to the Supreme Court from such decision of the Appeal Tribunal;
|
|
| |
(e) when all such objections have been finally determined, the Land Commission shall do whichever of the following things is appropriate having regard to the decisions on such objections, that is to say:—
|
|
| |
(i) by order confirm such scheme without modification, or
|
|
| |
(ii) make in such scheme such modifications as are required by such decisions and by order confirm such scheme as so modified, or
|
|
| |
(iii) cancel such scheme.
|
|
| |
(5) An order of the Land Commission confirming a scheme under this section shall operate to make each of the owners in common of the holding to which such scheme relates the owner or tenant in severalty (subject to the terms and conditions stated in such scheme) of the portion of such holding allotted to him by such scheme and to apportion in such manner as is stated in such order or in such scheme the purchase annuity or other annual payment (if any) payable in respect of the whole of such holding.
|
