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[Cites 0, Cited by 0] [Section 21] [Entire Act]

Union of India - Subsection

Section 21(13) in Multi-State Co-Operative Societies (Privileges, Properties and Funds, Accounts, Audit, Winding Up and Execution of Decrees, Orders and Decisions) Rules, 1985

(13)
(i)Where immovable property has been sold by the Sale Officer any person either owning 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 per cent of the purchase money, and
(b)for payment to the decree-holder, the amount of arrears specified in the proclamation of sale as that for the recovery of which the sale was ordered together with interest thereon and the 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 deposit and 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 5 per cent deposited by the applicant:
Provided that, if more persons than one 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.