49. (1) If the debts of a landlord are the debts due from his deceased ancestor which are legally recoverable only from certain property in the possession of the landlord, only such property and no other property belonging to the landlord shall be dealt with under the provisions of this Act; and all references to the property of the landlord in the various sections of this Act shall be deemed to be references only to such property and to no other.
(2) If in the course of inquiry it is proved that a landlord who has applied for the application of this Act only in respect of debts due from his deceased ancestor has appropriated any property received from such ancestor or that he owns also other debts which are recoverable from him personally and in respect of which claims have been preferred under 3[section 9] the Special Judge shall give him the option of either withdrawing his application or paying the personal debts and value of any property appropriated by him as aforesaid or having the whole of his property dealt with under this Act. In case he withdraws his application all proceedings under this Act shall be quashed. If he elects to pay his personal debts and the value of any property appropriated by him the special Judge shall give him such time for doing so as he shall think necessary and on the landlord paying the same shall proceed with the case. If the landlord fails to pay the same within the time allowed by the Special Judge his application shall be dismissed. If the landlord elects to have the whole of his property dealt with under this Act, the Special Judge shall require him to give particulars of all such property and after giving the claimants another opportunity of giving further particulars of property as required by section 10 shall take fresh proceedings under section 11 in respect of such property,. If the landlord refuses or neglects to exercise any of the options provided in this sub-section the Special Judge shall dismiss his application :
4[Provided that the amounts decreed by the Special Judge in respect of the debts due from the deceased ancestor of the applicant shall not without the consent of the applicant be recoverable in liquidation proceedings under this Act from any property other than that from which it might have been legally recovered had no application been made under this Act.]1
(3) In all cases in which proceedings are quashed or the application is dismissed under this section the Special Judge may make such order as to costs as he thinks proper.
(2) If in the course of inquiry it is proved that a landlord who has applied for the application of this Act only in respect of debts due from his deceased ancestor has appropriated any property received from such ancestor or that he owns also other debts which are recoverable from him personally and in respect of which claims have been preferred under 3[section 9] the Special Judge shall give him the option of either withdrawing his application or paying the personal debts and value of any property appropriated by him as aforesaid or having the whole of his property dealt with under this Act. In case he withdraws his application all proceedings under this Act shall be quashed. If he elects to pay his personal debts and the value of any property appropriated by him the special Judge shall give him such time for doing so as he shall think necessary and on the landlord paying the same shall proceed with the case. If the landlord fails to pay the same within the time allowed by the Special Judge his application shall be dismissed. If the landlord elects to have the whole of his property dealt with under this Act, the Special Judge shall require him to give particulars of all such property and after giving the claimants another opportunity of giving further particulars of property as required by section 10 shall take fresh proceedings under section 11 in respect of such property,. If the landlord refuses or neglects to exercise any of the options provided in this sub-section the Special Judge shall dismiss his application :
4[Provided that the amounts decreed by the Special Judge in respect of the debts due from the deceased ancestor of the applicant shall not without the consent of the applicant be recoverable in liquidation proceedings under this Act from any property other than that from which it might have been legally recovered had no application been made under this Act.]1
(3) In all cases in which proceedings are quashed or the application is dismissed under this section the Special Judge may make such order as to costs as he thinks proper.
Source footnotes
1. Add. by s. 21 of U. P. Act XI of 1939. 3. Subs. by s. 5 of U.P. Act IV of 1935. 4. Add. By s. 21 of U.P. Act XI of 1939आगे पढ़ें / Continue reading
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Section 1 · Short title, extent and CommencementSection 2 · DefinitionsSection 3 · Appointment and removal of Special JudgeSection 4 · Application for benefit of Act and time within which it may be madeSection 5 · Bar of second applicationSection 6 · Transmission of application to Special JudgeSection 7 · Consequence of acceptance of an application by the CollectorSection 8 · Written statement to be submitte,Verification of statement.India Code, Government of India. Text fetched 17 Oct 2026. Source metadata reports last modification: 2025-10-26. Check the linked official text and subsequent notifications when applying a provision.