Section 12 in The Chota Nagpur Encumbered Estates Act, 1876
12. Restoration of owner to his property.
- [When all the debts and liabilities mentioned in the schedule referred to in Section 11, and the amount of any loan, [effected under the power conferred by clause (c) of Section 18] [Substituted by Act 5 of 1884.] together with the interest (if any) due thereon, have been paid and discharged] [Inserted by Act 3 of 1909.][or if the Commissioner, at any time before a scheme has been approved by him under Section [11 A] [Substituted by Act 5 of 1884.], think that the provisions of this Act should not continue to apply to the case of the holder of the said property or his heir, [or if after a scheme has been so approved a direction is made under Section 11B for the relinquishment of the management of the property] [Substituted by Act 8 of 1922.],[or if any time an arrangement is made for the satisfaction of the debts and liabilities which he accepted by the creditors and approved by the Commissioner] [Inserted by Act 8 of 1922.]such holder or his heir shall be restored to the possession and enjoyment of the property, or of such part thereof as has not been soled by the Manager under the power contained in Section 18, but subject to the leases and mortgages (if any) granted and made by the Manager under the powers hereinafter contained;[Provided that, where a fresh order has been made under Section 2, in pursuance of section 12 A, sub-section (5) reappointing a Manager and vesting in him the management of the whole or any portion of the property of any holder, such property shall not be restored to such holder, but shall be retained by the Manager for restoration to the heir of such holder in due course.] [Inserted by Act 8 of 1922.]Restoration to be notified Revival of barred proceedings and debts. Reinstatement of mortgages. - Where the holder of the property or his heir is so restored under the circumstances mentioned in the second clause of this section such restoration shall be notified in the, [Official Gazette] [Substituted by Act 5 of 1884.]: and thereupon the proceedings, processes, executions, any attachments mentioned in Section 3 (so far they relate to debts and liabilities which the Manager has not paid off or compromised), and the debts and liabilities barred by Section 7, shall be revived; and any mortgage or conditional vendee dispossessed under section 16 shall be reinstated, unless his claim under the mortgage or conditional sale has been satisfied;Period of limitation as to revived proceedings and debts. - And in calculating the periods of limitation applicable to such revived proceedings, and to suits to recover and enforce such revived debts and liabilities, the time intervening between such restoration and the publication of the order mentioned in Section 2, [or the making of the order (if any) mentioned in section 2-B shall be excluded.] [Inserted by Act 4 of 1911.]
