Section 4(2) in The West Bengal Alienation Of Land (Temporary Provisions) Act, 1954.
(2)When the Collector makes an order for payment by instalments under sub-section (1), he shall direct such instalments to be paid-(a)in the case where the land in respect of which such order is made has been alienated by the transferee before the date of such order by means of a bona fide transfer for valuable consideration, or a bona fide gift by a registered instrument or heba, to the person in possession of such land as a result of such alienation:Provided that where such land has been sold, before or after such order is made, in execution of a decree or of a certificate under the Bengal Public Demands Recovery Act, 1913, against the transferee, the whole of the amount payable under the said order, or such part of it as may then remain due, shall, notwithstanding anything contained in such order, become due and payable at once and on such payment being made, such sale in execution of the decree or the certificate shall be set aside and the amount paid shall be applied towards satisfaction of the decree or the certificate, as the case may be;(b)in the case where such land has been alienated by the transferee before such date by means of a bona fide lease for valuable for valuable consideration or a usufructuary mortgage, to the transferee and the person in possession of such land as a result of such alienation in such proportion and in such manner as may be determined by the Collector and specified in the order; and(c)in other cases, to the transferee:Provided that if such land is subject to a bona fide mortgage other than a usufructuary mortgage and such mortgage was executed after the transfer of such land referred to in subsection (1), the Collector shall direct that such instalments shall first be paid to the mortgagee until the amount due under the mortgage as determined by the Collector is paid off and that thereafter any such instalments or part thereof still remaining due shall be paid in the manner provided in clause (c), clause (6) or clause (c) of this sub-section, as the case may be.
