Section 29(2) in The Bengal Agricultural Debtors Act, 1936
(2)After making the payment under sub-section (1), if any, the Certificate Officer shall proceed as follows:-(a)he shall, in the first instance, apply the surplus of the proceeds realised from the sale of any portion of the immovable property for which he has kept a separate account under the provisions of sub-section (5) of section 28 to the payment of any amounts payable under the award or under a decree of a Civil Court to creditors on account of debts which are secured by a mortgage, lien or charge upon such property in order of priority determined in accordance with the provisions of the Transfer of Property Act, 1882, and if such surplus is insufficient to meet such payments the balance of such amounts shall, unless the debt has been extinguished by such sale, rank equally with unsecured debts:Provided that if there is any dispute or doubt as to the priority of payment of such debts the Certificate Officer shall refer the matter to the Appellate Officer who shall determine the same according to the provisions of the aforesaid Act;(b)when there is a surplus after payment of the amounts referred to in clause (a), the Certificate Officer shall apply the sum of such surplus and of any proceeds realised from the sale of other property of the debtor to the payment of any other amounts payable under the award, and if such sum is insufficient to meet such payment such other amounts and any amount payable on account of an unsecured debt for the recovery of which a decree has been passed by a Civil Court, and of which details are given in the award under clause (c) of sub-section (1) of section 25, shall rank equally between themselves for purposes of payment:Provided that if any instalment has been paid under the award, for the year when an instalment fell due for the recovery of which application has been made under sub-section (1) of section 28, any instalment which fell due in that year, but which has not been paid, shall be given priority;(c)any surplus remaining after payment of the creditors in accordance with the foregoing provisions of this section shall be paid by the Certificate Officer to the debtor.
