SECTION 31. Petition by tenant in possession of encumbered property

The tenant in possession of property which is encumbered by a contingent remainder, executory devise or power of appointment may, subject to section sixteen, petition the superior court for the assessment of damages; and if he fails so to petition within the first six months of the year allowed by said section, a trustee under section twenty-four or section twenty-six may within the remaining six months thereof petition therefor.