Section 8 in The Himachal Pradesh Transfer of Land (Regulation) Act, 1968
8. [ Right, title or interest held by persons belonging to Scheduled Tribes in land not to be attached. [Added by section 27 of Act No 16 of 1986 (R.H.P. Extraordinary 2-7-1986, page 1163.]
(1)No right, title or interest held by a person belonging to a Scheduled Tribe in any land shall be liable to be attached or sold in execution of any decree or order in favour of any person not belonging to a Scheduled Tribe of any court except when the amount due under such decree or order is due to the State Government or to any Co-operative Land Mortgage Bank or Co-operative Society.](2)[ Notwithstanding anything to the contrary contained in the Code of Civil Procedure or any other law for the time being in force any court, vested with the appellate or revisional jurisdiction, may, either on its own motion or on an application moved to it by any person belonging to a Scheduled Tribe, set aside any sale of his property in execution of a decree in favour of a person not belonging to a Scheduled Tribe] [Added by section 3 of Act No 16 of 198.]Explanation. - For the removal of doubts, it is hereby declared that the court shall not refuse to take cognizance of an application, or refuse to exercise the power conferred upon it, under this sub section, simply for the reason that the applicant or the person to whom the property in question belonged failed to raise the objection to that extent before the court which either passed the decree or passed any order in execution proceedings thereof.
