Section 105

Sale of transferable tenures in execution of decrees for arrears of rent.

The Bengal Rent Act, 1859

  • Act 10 of 1859
  • Ministry of Home Affairs
  • Department of States
About this Act

An Act to amend the law relating to the recovery of Rent in the Presidency of Fort Willian in Bengal.

All sections
    If the decree be for an arrear of rent due in respect of an under tenure, which by the title-deeds or the custom of the country is transferable by sale, the judgment-creditor may make application for the sale of the tenure, and the tenure may thereupon be brought to sale in execution of the decree, according to the rules for the sale of under-tenures for the recovery of arrears of rent due in respect thereof contained in any law for the time being in force. But no such application shall be received when a warrant of execution has been previously issued against the person or moveable property of the judgment-debtor, so long as such warrant remains in force. If after sale of an under-tenure any portion of the amount decreed remains due, process may be applied for against any other property, moveable or immoveable, belonging to the debtor, and any such immoveable property may be brought to sale in the manner provided in section CX of this Act.
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