Amendment status not verified — confirm the current text below against the official source.
Amount of purchase price to be applied towads satisfaction of debts. 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 43 Provided that where under any agreement, award, the decree or order of a court or any law, the amount of the encumbrances is recoverable in instalments, the Tribunal shall deduct such amount as it deems reasonable from instalments so payable. (b) If the total amount of encumbrances is more than the amount so determined, the purchase price in lump sum or the instalments, as the case may be, shall be distributed in the order of priority. If any person has a right to receive maintenance or alimony from the profits of the lands, the Tribunal shall also make dedcuctions for payment out of the purchase price. (3) If such question involves any question of law regarding the validity of the 1[encumbrances or the claim] of the holder of the encubrance or any question regarding the amount due to in respect of the encumbrance, then notwithstanding anything contained in section 85A, the Tribunal shall in the manner prescribed refer the question for decision to 2[* * * *] the Civil Judge within the territorial limits of whose jurisdiction the land is situate. On receipt of such reference the Judge concerned shall, after giving notice to the parties concerned try the question referred to and record findings thereon and send the same to the Tribunal. The Tribunal shall then give the decision in accordance with the said findings. (4) Nothing in this shall affect the rights of holder of any such encumbrances to proceed to enforce against the landlord his right in any other manner or any other law for the time being in force. 3[32QQ. (1) (a) Where a specified tenant permitted under clause (b) of sub- section (5) of section 32M to deposit with the Tribunal at any time 4[before the date specified under clause (b) of sub-section (5) of section 32M] the entire amount of the price of the land or, as the case may be, the unpaid portion of the price, together with the interest, as specified in sub-section (3) and (4) of section 32M, has failed to deposit with the Tribunal such amount before the date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Second Amendment) Ordinance, 1986 (hereinafter referred to as "the said date"), the State Government shall, notwithstanding the expiry of the period specified in clause (b) of sub-section (5) of section 32M, deposit on behalf of such specified tenant, with the Tribunal within a period of twelve months from the said date such amount, and on depositing such amount with the Tribunal, the purchase of land shall be deemed not to have become ineffective and the Tribunal shall issue a certificate of purchase to the specified tenant under sub-section (1) of section 32M. (b) Where a specified tenant permitted under clause (b) of sub-section (1C) or clause (b) of sub-section (1D) of section 32PP or under sub-clause (b) of clause (ii) of sub-section (1) of section 32PPP to make at any time 4[before the date specified under clause (b) of sub-section (5) of section 32M] an application under sub-section (1) of section 32PP for a declaration that purchase has not become ineffective, fails to make such application before the end of December, 1986, and the Collector directs under