Section 23A in Tamil Nadu Agriculturists Relief Act, 1938
23A. [ Power of Court to set aside sales of immovable property in certain cases. [Inserted by section 12 of the Tamil Nadu Agriculturists Relief (Amendment) Act, 1948 (Tamil Nadu Act XXIII of 1948).]
- Where in execution of any decree, any immovable property, in which any person entitled to the benefits of the [Tamil Nadu] Agriculturists Relief (Amendment) Act, 1948 ([Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act XXIII of 1948), had an interest, has been sold or foreclosed on or after the 30th September 1947, and the sale has not been confirmed before the commencement of the said Act, or ninety days have not elapsed from the confirmation of the sale or from the foreclosure, at such commencement, then, notwithstanding anything contained in the [Indian Limitation Act, 1908 (Central Act IX of 1908)] [This Act was repealed and re-enacted as the Limitation Act, 1963 (Central Act 36 of 1963).], or in the Code of Civil Procedure, 1908 (Central Act V of 1908), and notwithstanding that the sale has been confirmed, any judgment-debtor claiming to be entitled to the benefits of the said Act, may apply to the Court within ninety days of such commencement or of the confirmation of the sale, whichever is later, to set aside the sale or foreclosure of the property, and the Court shall, if satisfied that the applicant is a person entitled to the benefits of the said Act, order the sale or foreclosure to be set aside, and thereupon the sale or foreclosure shall be deemed not to have taken place at all:Provided that no such order shall be made without notice to the decree-holder, the auction purchaser and other persons interested in such sale or foreclosure and without affording them an opportunity to be heard in the matter.]
