Land Act, 1939
|
Extension of section 44 of the Land Act, 1931, to certain rent-charges. |
49.—(1) Where, on an application under section 44 of the Land Act, 1931 , as amended by subsequent enactments (including this Act) the Land Commission is satisfied that the parcel of land to which such application relates is held by the applicant subject to a perpetual yearly rent-charge which was created by a grant or conveyance in fee simple of such parcel of land and was, by such grant or conveyance, charged on such parcel of land in favour of the person who was the grantor in such grant or conveyance, the said section 44 as so amended shall apply in relation to such parcel of land as if such grant or conveyance were a fee farm grant under which such parcel of land is held and such perpetual yearly rent-charge were a fee farm rent reserved by such fee farm grant. | |
(2) An application under section 44 of the Land Act, 1931 , as amended by subsequent enactments (including this Act), may, after the passing of this Act, be made and granted under and by virtue of the foregoing sub-section of this section notwithstanding that the parcel of land to which such application relates was the subject of an application under the said section 44, as so amended, which was made before the passing of this Act and was refused on the ground that such parcel of land was not held under a fee farm grant or any such lease as is mentioned in paragraph (a) of sub-section (1) of the said section 44. |