Bare ActsThe west bengal non agricultural tenancy act, 1949

Section 79

(1) In disposing of h e prockeds of a sale aF rhe interest of a disposal or sa~c pmyh

Amendment status not verified — confirm the current text below against the official source.

(1) In disposing of h e prockeds of a sale aF rhe interest of a disposal or sa~c pmyh. non-agricultural lenanl in any non-agriculmral land in execulion of dccrcc for arrears of rent thc following rules instcod of those conlained in scction 73 OF the Code of Civil Procedurc, 190S. shall be observed, that is lo say- (a) there shall firs1 bc paid to he dccrcc-holdcr h e cosk incurred by him in bringing ~ h c lcnancy to sale; (b) thcrc shall, in the next place, be paid ro [he dccrcc-holder the amount duc to him undcr thc decree in execution of which.the snlc was made; (c) if lhere remains a balance after [hesc sums have been paid. rhcrc shall be paid Lo h c dccree-holdcr thcrcrrom the cosrs of thc application made undcr this section and any rcnL which niay have falIcn due to him in rcspcct of the tenancy bctwccn lhc institution of (hc suit ond the datc of rhe confirmalion of the salt; (d) [he balance (if any) rcmaining dter thc payment of the renl mantioned in clausc (c) shall. upon h e expiradon of Iwo months from the confirmation of thc salc, be paid to the judgment-deblor upon his applicauon unlcss the Court, for reasons to be recorded in writing, olhcnvisc directs. (2) If Ihc judgmenl-deblor dispures the dccrcc- holder's rjghlio receivc any sum on accounl of rent under clause (c) of sub-scc~ion ( I), rhe Court shall determine h e dispute, and h e dctermjnalion shall have he force of a decree.

Section 79 – The west bengal non agricultural tenancy act, 1949 | DailyLaw.ai