Amendment status not verified — confirm the current text below against the official source.
Where in executi6n of any decree any imrnov- sates of able property, in which an agriculturist had an interest, g z $ l e has been sold or foreclosed on or after the 1st October to be set 1937, then notwithstanding anything contained in aside in tral the Indian Limitation Act, 1908*, or in the Code of Civil 2::" Ixof Procedure, 1908, and notwithstanding that the sale /ial has been confirmed, any judgment-debtor, clainling I V of to be an agriculturist entitled to the benefits of this Act, " may apply to the Court within 90 days of the com- mencement of this Act to set aside the sale or fore- closure of the property, and the Court shall, if satisfied that the applicallt is an agriclllturist entitled to the benefits of this Act, order the sale or foreclosure to be set aside, and thereupon the sale "or foreclosure] shall be deemed not to have taken place at all; Provided that no such order shall be made without notice to the decree-holder, the auction purchaser, and other persons interested in such sale or foreclosure and without affording them an opportunity to be heard in the matter. -.-- -- I This expression was substituted for the expression "1st Otto- bet 1937" by section 18 (i) of the Tamil Nadu Agriculturists Relief (Amendment) Act, 1972 (Tamil Nadu Act 8 of 1973). a This expression was substituted for the expression "section 8 or 9, as the case may be, and of sections 11 and 12" by section 18 (ii), lbld. * These words were inserted by the Second Schedule to the Madras I ling and Amendlng Act, 1938 (Madras Act XIII of w thb Limitation Act, 1963 (central Act 36 of 1963). I ' i 1:' Pomt of I Court to set 1:; &de sales of immovable property in certain I cases. 'C23-A. Where in execution of any decree, any immovable property, in which any person entitled to the benefits of the 'Pamil Nadul-Agriculturists Relief z f mil (Amendment) Act, 1948, had an interest, has been adu] sold or foreclosed on or after the 30th September gIrI ,, 1947, and the sale has not been confirmed before the 1948. commencement of the said Act, or ninety days have not elapsed from the confirmation of the sale or from the foreclosure, at such commencement, then, notwith- standing anything contained in the Indian Limitation C,ntral Act, 1908*, or in the Code of Civil Procedure, 1908, A C ~ rx ot and notwithstanding that the sale has been confirmed, ~ ~ ~ ~ r a l any j~.~dgment-debtor claiming to be entitled to the Act v of benefits of the said Act, may apply to the Court 1908. within ninety days of such commencement or of the confirmation of the sale, whichever is later, to set aside the sale or foreclosure of the property, and the Court shall, if satisfied that the applicant is a person entitled to the benefits of the said Act, order the sale or foreclosure to be set aside, and thereupon the sale or foreclosure shall be deemed not to have taken dace at all: r Provided that no such order shall be made without notice to the decree-holder, the auction-purchaser, and other persons interested in such sale or foreclosure P and without affording them an opportunity to be heard in the matter.] .[23-B. The provisions of section 23-A shall applyto a Ey judgment-debtor claiming to be entitled to A , ~ the benefits of the 2rTamil Nadul] Agriculturists Relief m V of (Amendment) Act, 1950, subject to the modification 1950. W o n was inserted by section 6 of the Tamil Nadu A Relief (Amendment) Act, 1960 (Tamil Nadu Act X&$ I 1938; T.N. Act IVJ Agricultlrrist,r Relief ' 601 I i Tamil that for the reference to the '[Tamil Nadu] Agricul- / Nadu turists Relief (Amendment) Act, 1945, a reference to the '[Tamil Nadu] Agriculturists Relief (Amendment) XXIII of ,948. Act, 1950, and for the reference to the 30th Septem- ber 1947, a reference to the 25th April 1950 shall be substituted.] Power of cour '[23C. Where in execution of any decrec, to set asidesales any immovable property in which any pmon of immovab!e entitled to the benefits of the Tamil Nadu property in Agriculrurisrs Relief (Amendment) Act, 1972, had an certa' cases. interest, has been sold or foreclosed on or after the I 1st March 1972, and the sale has not been confirmed I before the publication of the said Act in the Tamil Nadu Oovernmel~t Gazette, or ninety days have not elapsed from the confirmation of the sale or from the foreclosure, at such publication, then, natwithstanding anything contained in the Limitation Act, 1963 (Central Act 36 of 1963), or in the Code of Civil Proceduie, 1908 (Central Act V of 1908), and not- withstanding that the sale has besn confirmed, any judgment-debtor claiming to be entitled to the bene- fits of the said Act, may apply to the court within ninety days of such publication or of the coilfirmation of the sale, *hichever is later, to set asid: the sale or roreclosure of thc property? and the court h i l l , if \atisfied that the applicant 1s a person enti!led lo the benefits of the said Act, order the >ale or forec~osure to be sct aside, and thereupon the sale or fore- closure shall be dcumed not to Iuve taken place at nil: Provided that no such order shall be made without notice to the decree-holder, the auction-purchaser, and other persons interested il- S U ~ I ? sale or fnr~c?twt,re and without affording them an opportunity to b:: heard in the matter.] ___ .--__------ -- ---- 1These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by tho Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, I P ~ h j ~ section was inserted by section 19'of the Tamil Nadu Agri' I I culturistR Relief (Amendnlent) Act, 1972 (Tamil Nadu Act 8 of 1 1973). 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