Section 12 of The Murshidabad Estate Administration Act, 1933
Power to inquire into consideration for leases, etc.
The Manager may inquire into the sufficiency of the consideration for which any lease, settlement, grant, mortgage, charge or lien was given and whether it was given in contravention of the conditions of the Murshidabad Act, 1891(15 of 1891), and if satisfied that the consideration was insufficient or that such lease, settlement, grant, mortgage, charge or lien was given in contravention of the said Act may, by order in writing, set a side or modify such lease, settlement, grant, mortgage, charge or lien; and any such order, subject to the appeal provided insection 13, shall have the force of a decree of a competent Civil Court andbe enforceable as such.
Summary
- The Manager has the power to investigate the "consideration" (the payment or value) given for leases, mortgages, and other grants.
- The goal is to see if the payment was sufficient or if the deal broke the rules of the Murshidabad Act, 1891.
- If the Manager finds the payment was too low or the deal was illegal under the 1891 Act, they can cancel (set aside) or change (modify) the agreement.
- This decision must be made through a formal order in writing.
- An order made by the Manager under this section has the same legal power as a decree from a Civil Court.
Practical examples
FAQ
1. Can the Manager cancel a lease the Nawab signed years ago?
Yes, if the Manager finds that the payment was insufficient or it broke the rules of the 1891 Act.
2. Does the Manager have to talk to a judge before changing a contract?
No, the Manager can issue a written order themselves, and that order has the same force as a court decree.
3. What happens if I disagree with the Manager's decision to change my lease?
The Act mentions that these orders are subject to the appeal process provided in section 13.
4. What does the Manager look for when investigating a grant or mortgage?
They look at whether the "consideration" (the price paid) was sufficient and if it followed the conditions of the Murshidabad Act, 1891.
Test yourself
1.Under Section 12 of The Murshidabad Estate Administration Act, 1933, what are the two main reasons a Manager can modify a lease?
2.Under Section 12 of The Murshidabad Estate Administration Act, 1933, what is the legal status of an order issued by the Manager to set aside a mortgage?
3.Under Section 12 of The Murshidabad Estate Administration Act, 1933, how must the Manager communicate their decision to modify a grant?
4.Under Section 12 of The Murshidabad Estate Administration Act, 1933, what is the primary limit on the finality of the Manager's order?