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State of West Bengal - Section

Section 19A in The Bengal Agricultural Debtors Act, 1936

19A. [ Delivery of immovable property to debtor. - [Clause (c) and Section 19A inserted by Bengal Act 8 of 1940.]

(1)If the creditor does not restore possession of the immovable property to the debtor by the date specified in an award under sub-section (2) of section 19, the debtor may apply to the Certificate exercising jurisdiction in the area in which such property is situated, to be put in possession thereof].
(2)An application under sub-section (1) shall be accompanied by the prescribed process fee, and the Certificate Officer, after giving notice in the prescribed manner to the creditor and to any person who may be in possession under the creditor and after such inquiry as he considers necessary, may direct the creditor to pay to the debtor such compensation as appears to him to be fair and equitable in respect of the period during which the creditor or any person who may be in possession under him retained possession of the property in contravention of the said order of the Board together with costs incidental to the application under this section, and may also pass an order directing the creditor or any person who may be in possession under him to deliver possession of the property to the debtor by a specified date.
(3)If possession of the property is not delivered to the debtor by the date specified in an order under sub-section (2), the Certificate Officer shall on the application of the debtor, order delivery of possession to be made by putting in possession of the property the debtor or any other person whom he may appoint to receive delivery on his behalf, and in delivering possession, the Certificate Officer shall have the same powers as under the Bengal Public Demands Recovery Act, 1913.
(4)Any compensation and costs payable under an order under this section shall be recoverable as a public demand.