Laws of Bangladesh

The State Acquisition and Tenancy Act, 1950 (East Bengal Act)

( ACT NO. XXVIII OF 1951 )

Chapter XV


Encumbrances on land included in the scheme for consolidation
129. (1) Notwithstanding anything contained in any other law for the time being in force or in any contract, if the holding of a raiyat comprised within a scheme for the consolidation of holdings finally confirmed under section 125 is, immediately before the date on which such scheme takes effect, subject to any mortgage or other encumbrance, such mortgage or other encumbrance shall, with effect from such date, be deemed to be transferred and attached to the holding created and allotted to such raiyat under the said scheme or to such part of such holding as may be specified in the scheme by the Revenue-officer; and thereupon the mortgagee or other encumbrancer, as the case may be, shall cease to have any right in or against the land from which the mortgage or other encumbrance has been transferred and shall continue to have the same rights in or against the holding so allotted or to such part thereof as he had in or against the original land from which the mortgage or other encumbrance had been transferred.
(2) Notwithstanding anything contained in sub-section (3) of section 128 the Revenue-officer may, on application made in this behalf by any mortgagee or other encumbrancer entitled to possession of any holding or part thereof to which his mortgage or other encumbrance has been transferred under sub-section (1), cause such steps to be taken as he may consider necessary for putting such mortgagee or other encumbrancer in possession of such holding or part thereof.

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