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Section 33: Jurisdiction of Civil Courts in suits to annul sales.

The Bengal Land Revenue Sales Act, 1859Central Act · Act 11 of 1859

No sale for arrears of revenue or other demands realizable in the same manner as arrears of revenue are realizable made after the passing of this Act, shall be annulled by a Court of Justice, except upon the ground of its having been made contrary to the provisions of this Act, and then only on proof that the plaintiff has sustained substantial injury by reason of the irregularity complained of: and no such sale shall be annulled upon such ground, unless such ground shall have been declared and specified in an appeal made to the Commissioner under Section XXV of this Act: and no suit to annul a sale made under this Act shall be received by any Court of Justice unless it shall be instituted within one year from the date of the sale becoming final and conclusive as provided in Section XXVII of this Act: and no person shall be entitled to contest the legality of a sale, after having received any portion of the purchase money.

Proviso.--Provided, however, that nothing in this Act contained shall be construed to debar any person considering himself wronged by any act or omission connected with a sale under this Act, from his remedy in a personal action for damages against the person by whose act or omission he considers himself to have been wronged.

Where this provision sits

ActThe Bengal Land Revenue Sales Act, 1859
Section33
Marginal noteJurisdiction of Civil Courts in suits to annul sales.
JurisdictionCentral
StatusIn force as published by the source

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