50.
| (1) If in an interlocutory decree for partition any undivided share of the land constituting the subject-matter of the partition action in which such decree is entered is declared to be subject to a mort-gage or lease the rights of the mortgagee or of the purchaser of the mortgaged share under a mortgage decree, or of the lessee, shall-
| | (a) where the partition is otherwise than in accordance with an order made under subsection (4) of section 26, be limited to the share' allotted in such Interlocutory decree to the mortgagor or lessor; and | | |
| | (b) where the partition is in accordance with an order made under subsection (4) of section 26, be limited to so much of the extent of land and of any owelty or compensation allotted in. the partition action to the mortgagor or. lessor as the court shall determine. | | |
|
|
| (2) If in an interlocutory decree for sale any un- divided share of the land constituting the subject- matter of the partition action in which such decree is entered is declared to be subject to a mortgage or lease, the rights of the mortgagee or of the purchaser of the mortgaged share under a mortgage decree, or of the lessee, shall be limited to the mortgagor's or lessor's share of the net proceeds of the sale of the land. |
|
| (3) If in any interlocutory decree for partition or sale any undivided share is declared subject to a usufruct, life interest, trust, right of revocation or right of re-transfer, the right of such usufructuary, life interest holder, beneficiary or of the person entitled to a right of revocation or of re transfer shall be limited-
| | (a) in the case of a partition otherwise than in accordance with subsection (4) of section 26, to the divided lot or lots allotted in respect of such undivided share; and | | |
| | (b) in the case of a partition in accordance with subsection (4) of section 26, to so much of the extent of land and of any owelty or compensation allotted in respect of such undivided share; and | | |
| | (c) in the case of a sale, to the net share of the proceeds of sale, in respect of such undivided share. | | |
|
|
|
Sri Lanka Consolidated Acts