Act Number: 11

Act Name: The Bengal Land Revenue Sales Act, 1859

Year: 1859

Enactment Date: 1859-05-04

Long Title: An Act to improve the law relating to sales of Land for arrears of Revenue in the Lower Provinces under the Bengal Presidency.

Ministry: Ministry of Rural Development

Department: Department of Land Resources

Section 33: Jurisdiction of Civil Courts in suits to annul sales.
    No sale for arrears of revenue or other demands realizable in the same manner as arrears of revenue are realizable made after the passing of this Act, shall be annulled by a Court of Justice, except upon the ground of its having been made contrary to the provisions of this Act, and then only on proof that the plaintiff has sustained substantial injury by reason of the irregularity complained of: and no such sale shall be annulled upon such ground, unless such ground shall have been declared and specified in an appeal made to the Commissioner under Section XXV of this Act: and no suit to annul a sale made under this Act shall be received by any Court of Justice unless it shall be instituted within one year from the date of the sale becoming final and conclusive as provided in Section XXVII of this Act: and no person shall be entitled to contest the legality of a sale, after having received any portion of the purchase money.
    Proviso.--Provided, however, that nothing in this Act contained shall be construed to debar any person considering himself wronged by any act or omission connected with a sale under this Act, from his remedy in a personal action for damages against the person by whose act or omission he considers himself to have been wronged.
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