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Section 12: Restoration of owner to his property.

The Chutia Nagpur Encumbered Estates Act, 1876Central Act · Act 6 of 1876

When all such debts and liabilities have been discharged, or if, within six months after the publication of the order mentioned in section two, the Commissioner thinks that the provisions of this Act should not continue to apply to the case of the holder of the said property or his heir,

such holder or his heir shall be restored to the possession and enjoyment of the property, or of such part thereof as has not been sold by the Manager under the power contained in section eighteen, but subject to the leases and mortgages (if any) granted and made by the Manager under the powers hereinafter contained.

Restoration to be notified. Revival of barred proceedings and debts. Reinstatement of mortgagees.--Where the holder of the property or his heir is so restored under the circumstances mentioned in the second clause of this section,such restoration shall be notified in the Calcutta Gazette, and thereupon the proceedings, processes, executions, any attachments mentioned in section three (so far as they relate to debts and liabilities which the Manager has not paid off or compromised), and the debts and liabilities barred by section seven, shall be revived; and any mortgagee or conditional vendee dispossessed under section sixteen shall be reinstated, unless his claim under the mortgage or conditional sale has been satisfied;

Period of limitation as to revived proceedings and debts.--and in calculating the periods of limitation applicable to such revived proceedings, and to suits to recover and enforce such revived debts and liabilities, the time intervening between such restoration and the publication of the order mentioned in section two, shall be excluded.

Where this provision sits

ActThe Chutia Nagpur Encumbered Estates Act, 1876
Section12
Marginal noteRestoration of owner to his property.
JurisdictionCentral
StatusIn force as published by the source

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