131. [ Application to set aside sale on deposit of purchase money. [This section was substituted for the original section 131 by section 75 of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).]
(1)When a ryot's holding or part thereof is sold for an arrear due thereon, the defaulting ryot, or any person having a right or interest therein affected by the sale, may apply to the Collector to have the sale set aside on his depositing with that officer -(a)for payment to the Government the amount deducted for poundage under clause (a) of sub-section (1) of section 127;(b)for payment to the landholder, the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered, together with subsequent costs, if any, incurred by the landholder in bringing the holding to sale, and including, where the landholder is the purchaser, the amount paid by him for poundage under clause (b) of sub-section (1) of section 127 less any amount which may, since the date of the proclamation of sale, have been received by the landholder; and(c)for payment to the purchaser, a sum equal to five per centum of the purchase money.(2)If such deposit is made, the Collector shall pass an order setting aside the sale, and directing repayment of the purchase-money and the five per centum to the purchaser:Provided that where the landholder is the purchaser, only the five per centum and the balance of the purchase-money after deducting the amount which he sets off under sub-section (2) of section 120-A shall be directed to be repaid to him as purchaser.]
