Section 53(13) in Jammu and Kashmir Co-operative Societies Rules, 2001
(13)(i)Where immovable property has been sold by the sale officer, any person either owing such property or holding an interest therein by virtue of a title acquired before such sale may apply to have the sale set aside on his depositing with the recovery officer-(a)for payment to the purchaser a sum equal to 5 percent of the purchase money; and(b)for payment to the decree-holder the amount of arrears specifying the proclamation of sale as that for the recovery of which the sale was ordered together with interest thereon and expenses of attachment, if any, and sale and other costs due in respect of such amount, less amount which may since the date of such proclamation have been received by the decree-holder.(ii)If such deposits on application are made within thirty days from the date of sale, the recovery officer shall pass an order setting aside the sale and shall repay to the purchaser the purchase money so far as it has been deposited together with the 5 percent deposited by the applicant:Provided that if more than one person have made deposit and application under this sub-rule, the application of the first depositor to the officer authorised to set aside the sale shall be accepted.(iii)If a person applies under sub-rule (14) to set aside the sale of immovable property, he shall not be entitled to make an application under this sub-rule.
