10. Compensation for mortgaged Birta Lands : If A Class Birta Land is mortgaged by any person, on sight or usufructuary basis, and the mortgagee has been utilizing the land in consideration for the money paid, compensation under this Act shall be received by the person using the land on sight or usufructuary mortgage.
Provided that if the amount of compensation exceeds the value of the sight or usufructuary mortgage, the surplus shall be received by the mortgager according to the procedure prescribed in the Schedule; and in the case of a shortfall, the mortgagee shall not be entitled to make any claim against the Birta owner or any other person.