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[Cites 0, Cited by 0] [Section 37A] [Entire Act]

State of West Bengal - Subsection

Section 37A(7) in The Bengal Agricultural Debtors Act, 1936

(7)For the purposes of an award made under sub-section (5)-
(a)the debt shall be deemed to be-
(i)the amount of the decree or certificate in execution of which the property Was sold together with all costs of such execution including the cost of delivery of possession of the property to the decree-holder calculated in the manner prescribed, and
(ii)in addition, the compensation, if any, allowed under subsection (6) and in the case of a decree or certificate for arrears of rent, the amount of the rent, if any, payable to the decree-holder in respect of the property between the date of the institution of the suit or the filing of the certificate and the date on which the decree-holder secured possession of the property, after deducting therefrom, in respect of each year during which the decree-holder remained in possession of the property, an amount-equal to half the average annual gross receipts estimated under sub-section (4), and a proportionate amount in respect of any portion of any such year; and
(b)in the case to which the proviso to sub-section (5) applies, the debt shall include so much of the principal of the mortgage referred to in that proviso as is payable under clause (i) of that proviso to the mortgagee, and after such an award has been made, the applicant shall be deemed to be a debtor.