Act Number: 10

Act Name: The Bengal Rent Act, 1859

Year: 1859

Enactment Date: 1859-04-29

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

Ministry: Ministry of Home Affairs

Department: Department of States

Section 108: Executing of decrees given in favor of shares in undivided estates or tenures.
    If a decree is given in favor of a sharer in a joint undivided estate, dependent talook, or other similar tenure for money due to him on account of his share of the rent of an under-tenure situate in such undivided estate or talook or tenure, application for the sale of such under-tenure shall not be received unless execution shall have been first taken out against any moveable property which the judgment-debtor may possess within the District in which the suit was instituted and the sale of such property, if any, shall have proved insufficient to satisfy the judgment. In such case such under-tenure, if of the nature described in section CV, may be brought to sale in execution of the decree in the same manner as any other immoveable property may be sold in execution of a decree for money under the provisions of the two next following sections.
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