Section 106

If third party claim to be the lawful possessor of such under-tenure, Collector to stay the sale and to enquire into and adjudicate upon the claim

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 before the day fixed for the sale of any such under-tenure as aforesaid in execution of a decree for arrears of rent due in respect of such undertenure, a third party appear before the Collector, and allege that such third party and not the person against whom the decree has been obtained, is the proprietor of such under-tenure, and was in lawful possession of the same at the time when such decree was obtained, the Collector shall examine such party in the manner provided in section C for the examination of third parties, and if he see sufficient reason for so doing, and such party shall deposit in Court the amount of the decree or give sufficient security and for the same, the Collector shall stay the sale and proceed to enquire into and adjudicate upon the claim.
    Proviso.—Provided that no transfer of an under-tenure which by the provisions of this Act or any other law for the time being in force is required to be registered in the Sherishteh of the Zemindar or superior tenant shall be recognized unless it have been so registered, or unless sufficient cause for nonregistration be shown to the satisfaction of the Collector.
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