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Section 15: Distribution of sale p1·oceeds

The Kerala Co-operative Land Mortgage Banks Act, 1960 (President's Act No.1 of 1960)State Act of Kerala · Act 1 of 1960

(1) The proceeds o£ every sale under this Chapter shali be applied by the sale officer, first m payment of all costs, charges and expen&es properly mcurred by htm a& mcidental to the sale or any attempted sale; secondly, m payment o'f all mteresl due on account of the mortgage In cousequence whereof the mortgaged property was sold, thirdly, in payment of the prmcipal money due on account of the mort­ gage; and lastly, the residue, if, any, shall be paid to the person . proving himself interested in the property sold or. tf there are more !.>UCh persons than one, then to such persons, according to their respective interest therein or upon their jomt recetpt.

(2) (a) Any person dissatisfied with the decision of the sale officer in regard to the d~:;tributiOn of such residue may, Within thirty days of the communication to him of such decisiOn, institute a suit m a court to e<>tablish the right he clai~.

(b) The sale officer shall not distribute such residue until thirt~ days have elapsed from t:-~e co nmunication of his dectsion to all the persons co 1cerned, or, if a suit has b ·en instituted within the said period of thirty days by any such person and due notice thereof 1s given to him before the payment, until the suit is disposed of or otherwt:.e than in accordance Wtth the decision of the court ther~>on.

(3) Any deficit occurring after the sale of the mortgaged land may also be recovered in the manner provtded in th1s Chapter from any other assets of the mortgagor.

E:planation.-In this secti•JO and in section 17 "court'' means the civil court having jurisdt~tion to entertam a suit t() enforce the mortgage and within the hmtts of whose jurisdi.::tio.n the properly sold 1s situ:tte. .

Where this provision sits

ActThe Kerala Co-operative Land Mortgage Banks Act, 1960 (President's Act No.1 of 1960)
Section15
Marginal noteDistribution of sale p1·oceeds
JurisdictionState of Kerala
StatusIn force as published by the source

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