Section 58A in Tamil Nadu Estates (Abolition and Conversion Into Ryotwari) Act, 1948
58A. [ Stay of execution proceedings, and setting aside of certain Court sales and foreclosures. [Inserted by section 6 of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1951 (Tamil Nadu Act XVII of 1951).]
(1)No Court shall, before the date on which the deposit in pursuance of section 54-A is made, order or continue execution in respect of any decree or order passed against the principal or any other landholder of an estate, against his interest in the estate or against his other immovable property or against him personally by arrest and detention; and with effect on and from such date, execution in the cases aforesaid may be ordered or continued as specified in, and in accordance with the provisions of, section 59.(2)Where in execution of any such decree or order, any interest in the estate or any other immovable property of the principal or any other landholder has been sold or foreclosed on or after the 19th April 1949, then, notwithstanding anything contained in the Indian [Limitation Act, 1908] or in the Code of Civil Procedure, 1908 (Central Act V of 1908), and notwithstanding that the sale has been confirmed, such landholder may apply to the Court within ninety days of the commencement of the [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.] Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1951 ([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 XXV of 1951), to set aside the sale or foreclosure of the property; and the Court shall, if satisfied that the applicant is a landholder, 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 the other persons interested in such sale or foreclosure and without affording them an opportunity to be heard in the matter:Provided further that the Court shall not order any such sale to be set aside, unless the Court is satisfied that the sale price was unduly low.(3)Where a sale is set aside under sub-section (2), the purchaser shall be entitled to an order for repayment of any purchase money paid by him against the person to whom it has been paid:Provided that no poundage shall be payable in respect of any such sale and provided further that where poundage has been collected, the Court shall direct the same to be refunded.(4)All proceedings for the execution of any decree or order by the arrest and detention in prison of the principal or any other landholder of an estate, pending at the commencement of the [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.] Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1951 ([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 XVII of 1951), shall stand dismissed, and if at such commencement, the principal or any other landholder is detained in a prison in execution of any such decree or order, he shall be released forthwith.(5)All alienations of immovable property made by the principal or other landholder of any estate on or after the 19th April 1949 and before the notified date shall be invalid as against every creditor whose sale in execution or foreclosure decree has been set aside under sub-section (2) or who became entitled to ratable distribution of proceeds of such sale under section 73 of the Code of Civil Procedure, 1908 (Central Act V of 1908).Explanation. - Nothing contained in this sub-section shall apply to any alienation to which the provisions of either section 18, sub-section (3), or section 20 apply.(6)Notwithstanding anything contained in any other law for the time being in force, no principal or other landholder of an estate shall, on or after the notified date and before the date on which the deposit in pursuance of section 54-A is made, sell, mortgage, lease, or otherwise assign or alienate any of his immovable property, and any transaction of the nature hereby prohibited shall be void and inoperative and shall not confer or take away any right whatever on or from any party to the transaction.]
