Section 14 in The Bengal Patni Taluks Regulation, 1819
14. First. - Sale not to be stayed unless arrear claimed be lodged. But suit to lie for its reversal.
- Should the balance claimed by a zamindar on account of the rent of any under-tenure remain unpaid upon the day fixed for the sale of the tenure, the sale shall be made without reserve, in the manner provided for in sections 9 and 10 of this Regulation; nor shall it be stayed or postponed on any account, unless the amount of the demand be lodged.It shall, however, be competent to any party desirous of contesting the right of the zamindar to make the sale, whether on the ground of there having been no balance due or on any other ground, to sue the zamindar for the reversal of the same, and, upon establishing a sufficient plea, to obtain a decree with full costs and damages.The purchaser shall be made a party in such suits, and, upon decree passing for reversal of the sale, the Court shall be careful to indemnify him against all loss, at the charge of the zamindar or person at whose suit the sale may have been made:[Provided that, notwithstanding anything contained in this Regulation the right of the zamindar to make the sale shall not be stopped by any party, nor shall the sale be reversed solely, on the ground that a notice or other document mentioned in section 8 was not served personally on the defaulters or any of them] [Proviso inserted by Bengal Act 15 of 1940.].Second. - Defaulter may apply for summary investigation. - In cases also in which a talukdar may contest the zamindar's demand of any arrear, as specified in the notice advertised, such talukdar shall be competent to apply for a summary investigation at any time within the period of notice ; the zamindar shall then be called upon to furnish his kabuliyat and other proofs at the shortest convenient notice, in order that the award may, if possible, be made before the day appointed for sale.Sale not to be stayed unless amount claimed be deposited. - Such award, if so made, will of course regulate the ulterior process ; but, if the case be still pending, the lot shall be called up in its turn, notwithstanding the suit; and, if the zamindar or his agent in attendance insist on the demand, the sale shall be made on his responsibility, nor shall it be stayed, or the summary suit be allowed to proceed, unless the amount claimed be lodged in cash, or in Government securities, or in [currency notes] [Words substituted for the words 'notes of the Bank of Bengal' by Act 1 of 1903.], by the talukdar contesting the demand ; and if such deposit be not made, the alleged defaulter will have no remedy but by a regular action for damages and for a reversal of the sale [unless he makes an application under section 14A.] [Words, figures and letter inserted by Bengal Act 4 of 1933.][Third. - Any talukdar shall be entitled to stay the sale of his patni taluk or of a share or a portion thereof before the sale of such taluk, share or portion actually takes place by paying to the officer conducting the sale the amount of arrears of rent for which it was advertised for sale] [Clause 'Third' inserted by Bengal Act 15 of 1940.]
