Section 33 in The Bengal Land-Revenue Sales Act, 1859
33. Jurisdiction of Civil Courts in suits to annul sales.
- No sales for arrears of revenue or other demands realizable in the same manner as arrears of revenue 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 2 of the Bengal Land-Revenue Sales Act, 1868] [Substituted by Act 1 of 1903.]; 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 27 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.
