Section 79 in The West Bengal Non-Agricultural Tenancy Act, 1949
79. Rules for disposal of sale proceeds. -
(1)In disposing of the proceeds of a sale of the interest of a non-agricultural tenant in any non-agricultural land in execution of a decree for arrears of rent the following rules instead of those contained in section 73 of the Code of Civil Procedure, 1908, shall be observed, that is to say-(a)there shall first be paid to the decree holder the costs incurred by him in bringing the tenancy to sale;(b)there shall, in the next place, be paid to the decree-holder the amount due to him under the decree in execution of which the sale was made;(c)if there remains a balance after these sums have been paid, there shall be paid to the decree-holder therefrom the costs of the application made under this section and any rent which may have fallen due to him in respect of the tenancy between the institution of the suit and the date of the confirmation of the sale;(d)the balance (if any) remaining after the payment of the rent mentioned in clause (c) shall, upon the expiration of two months from the confirmation of the sale, be paid to the judgment-debtor upon his application unless the Court, for reasons to be recorded in writing, otherwise directs.(2)If the judgment-debtor disputes the decree-holders right to receive any sum on account of rent under clause (e) of sub-section (1), the Court shall determine the dispute, and the determination shall have the force of a decree.
