(1) It shall be lawful for any person claiming an interest in land which has been or is about to be, attached, to obtain its release by paying the arrears, interest thereof and cost incurred on such attachment.
(2) Any tenant making a payment under sub-section (1) may deduct such sum paid from any rent then or afterwards due by him to the defaulter.
(3) If such sums are paid by a bonafide mortgagee or other encumbrancer upon the property or by any person not being in possession thereof but bonafide claiming an interest therein adverse to the defaulter, the amounts paid shall be a charge upon the land.
Procedure in sale of immovable property
36. In the sale of immovable property under this Act, the following procedure shall be followed, namely:
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(i) The sale shall be made by public auction to the highest bidder and the time and place of sale shall be fixed by the Collector in whose jurisdiction the property is situated or other officer empowered by him in this behalf:
Provided that no sale shall be conducted during the currency of a Fasli year.
(ii) The Collector, or other officer empowered by him in this behalf shall, before every sale is held under this section, issue a notice thereof in English and in the language of the region, specifying the name of the defaulter, the position and extent of land and of his buildings thereon, the amount of revenue assessed on the land, or upon its different sections, the proportion of the public revenue due during the remainder of the current fasli, and the time, place and conditions of sale and the notice shall be fixed up one month at least before the date of sale in the Collector’s Office, in the Office of the Tahsildar or Deputy Tahsildar, as the case may be, in the nearest police station-house, and on some conspicuous part of the land.
(iii) A sum of money equal to fifteen per cent of the price of the land shall be deposited by the purchaser in the hands of the Collector, or other Officer empowered by him in this behalf, at the time of the purchase, and if the remainder of the purchase money is not paid within thirty days of such purchase, the money so deposited shall be liable to forfeiture.
(iv) Where the purchaser refuses or omits to deposit the said sum of money, or to complete the payment of the remaining purchase-money within the period specified in clause (iii), the property shall be re-sold at the expense and hazard of such purchaser, and the amount of all loss or expense which may attend such refusal or omission shall be recoverable from such purchaser in the same manner as arrears of revenue and where in the second sale, the lands are sold for a higher price than at the first sale, the difference or increase in the price shall be credited to the defaulter.
(v) All persons bidding at a sale shall be required to state whether they are bidding on their own behalf or as agents, and, in the latter case, a written authority signed by their principals shall be deposited failing which their bids shall be rejected.
Certain provisions of section 36 not to apply to cases of purchase by Government
37. The provisions of clauses (iii) and (iv) of section 36 shall not apply to cases where immovable property sold under this Act is purchased by the Government.
393 Tender of arrears up to sunset on day before sale