(1) Whcn any pcrson whdse inlerests are affected by !he sale of hmounrpaid a tcnancy of a non-agricultural tennnt advcnised for sale i n execution of ~~,~~~~~ a dccrcc for arrears of rcnl duc in respect thereof or i n excculion or a t o h a mongqc- I cerliIicarc for arrears of renl duc in rcspccl rhcrcof signed under thc dcb,ond,c Ben. A C ~ 111 Bengal Public Dcmnnds Recovery Acl, 191 3, pays into Lllc Coun he rc.n;r?cy in ccrian EMS. I 9 l 3 . amount requisite ID prcvcnt thc sale-
(a) lhc mount so paid by him -shall bc dccmcd Lo be a debt hearing in~crest at six and a quafler per cellrritrr pn- an~itrrrr and secured by a mortgagc of such tenancy to him;
(b) his morrgagc shall take priorily over every olhcr charge-on such rcnancy orhcr h a n a charge for arrears of rcnl; and
(c) he shall be e n ~ i [led lo possession of thc tcnancy as mortgagee of ~ h c non-agricultural tenant, and to rerain possession of it as such unlil rhc dcbt, with the inlzrest due thcrcon. has been discharged.
(2) Nothing in ihis section shall affcct any ohcr rcmedy 10 which any such person would bc cnrillcd.
82. When a tenancy to which rhc provisions of this Acl apply is hCcnor advertised for salc- ~cnm~ paying inlo
(a) in exccurion of a dccree for arrears of rent due in rcspccl of ~~~~~~ such tenancy from a supcrior non-agriculmral tenant rent.
Dccrccholderrmy bid at salc.
judgn~nrdsbtormy not.
Bmto ~pplication o l ACI ro c c d n lands and 10 ccnin lucs.
The Wesf Betlgol Norr-Agn'c~rl~sral Terratrry Act, 1949.
[West Ben. Act
(6) in execution of cerlificatc signed under the Bengd Public Bcn. Act 111 Dcmands Recovery Acr, 1913. for arrcars of rent due in respect of such tenancy lrom a supcrior nun-agricultural tenant defaulBng, or when such sate is sel asidc under rule 89 ol' Ordcr XXI in Schedule I lo Ihc Codc of Civil Proccdure, 1908, and an inferior non-agricultural ActVof renant pays money inro Coun in order to prcvcnt or scl aside the sate, a s 1908.
h e case may be. such infcrior non-agricul~ural tcnnnt may, in addition to any other remcdy provided for him by Law, deduc~ the wholc or any portion of thc arnounl so paid from any renl payable by him 10 his immcdiatc landlord, and that landlord, if he is not the defaulter, may, in likc manncr, deduct the amount so dcducred from any renl payable by him 10 his immediate landlord. and so on unlii the defaulter is reached.