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Section 16 of The Chutia Nagpur Encumbered Estates Act, 1876

The Manager shall have, for the purpose of realizing and recovering the rents and profits of the said immovable property, the same powers as the holder of the property would have had for such purpose if this Act had not been passed. Power to remove mortgagee or conditional vendee in possession.--And if such property, or any part thereof, be in the possession of any mortgagee or conditional vendee, the Manager may apply to the Court of the Deputy Commissioner within whose jurisdiction the property is situate, and such Court shall cause the same to be delivered to the Manager as if a decree therefor had been made in his favour, but without prejudice to the mortgagee or vendee preferring his claim under the provisions hereinbefore contained.

Summary

The Manager has the same legal powers to collect rents and profits as the original owner of the property would have had.
These powers are specifically for the purpose of realizing (getting) and recovering money from the land.
If a person holding a mortgage or a buyer under a condition is currently in possession of the land, the Manager can have them removed.
To remove such a person, the Manager must apply to the Court of the Deputy Commissioner, which will order the property to be delivered to the Manager.
Removing a person from the land does not stop that person from still making a legal claim for money they are owed.

Practical examples

1In 1879, the Manager takes over an estate. He uses the same power the landlord had to collect overdue rent from a group of tenant farmers.

2A moneylender named Vikram is living on a farm because the owner defaulted on a mortgage. The Manager applies to the Deputy Commissioner's Court to have Vikram removed so the Manager can control the farm.

FAQ

1. Can the Manager collect rent just like the owner used to?

Yes, the Manager has the same powers for realizing and recovering rents and profits as the holder of the property.

2. What happens if a moneylender is already occupying the property?

The Manager can apply to the Court of the Deputy Commissioner to have the property delivered to him, removing the occupant.

3. If the Manager kicks a mortgagee off the land, does the mortgagee lose their right to be paid?

No, the removal is "without prejudice" to the mortgagee preferring their claim later.

Test yourself

Q1.Under Section 16 of The Chutia Nagpur Encumbered Estates Act, 1876, which authority must the Manager apply to if they want to remove a mortgagee in possession of the property?

Q2.Under Section 16 of The Chutia Nagpur Encumbered Estates Act, 1876, what powers does the Manager have regarding the collection of rents?

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