Section 13 in The Bengal Patni Taluks Regulation, 1819
13. First. - Reason for allowing under-tenants means of staying sale.
- With reference to the injury that may be brought upon the holder of a taluk of the second degree by the operation of the preceding rules, in case the proprietor of the superior tenure purposely withholds the rent due from himself to the zamindar after having realised his own dues from the inferior tenantry, it is deemed necessary to allow such talukdars the means of saving their tenures from the ruin that must attend such a sale ; and the following rules have accordingly been enacted for this purpose.Second. - How under-tenants may stay sale. - Whenever the tenure of a talukdar of the first degree may be advertised for sale in the manner required by the second and third clauses of section 8 of this Regulation, for arrears of rent due to the zamindar, the talukdars of the second degree, or any number of them, shall be entitled to stay the final sale, by paying into Court the amount of balance that may be declared due by the person attending on the part of the zamindar on the day appointed for sale, in like manner they shall be entitled to lodge money antecedently, for the purpose of eventually answering any demand that may remain due on the day fixed for the sale, and, should the amount lodged be sufficient, the sale shall not proceed, but, after making good to the zamindar the amount of his demand, any excess shall be paid back to the person or persons who may have lodged it.Third. - Procedure in case of amount lodged being rent due from under-tenant;. - If the amount so lodged shall be rent due by the inferior talukdar to the holder of the advertised tenure, the same shall be stated at the time of making the deposit, and the amount shall be carried to the account of the tenant or tenants lodging it, and be deducted from any claim of rent that may at the time be pending, or be thereafter brought forward against him or them by the proprietor of the advertised tenure, on account of the year or months for which the notice of sale may have been published.Fourth. - And in case of amount lodged being advance from private funds. - If the person or persons making such a deposit, in order to stay the sale of the superior tenure, shall have already paid the whole of the rent due from himself or themselves, so that the amount lodged is an advance from private funds, and not a disbursement on account of the said rent, such deposit shall not be carried to credit in, or set against, future demands for rent, but shall be considered as a loan made to the proprietor of the tenure preserved from sale by such means, and the taluk so preserved shall be the security to the person or persons making the advance, who shall be considered to have a lien thereupon, in the same manner as if the loan had been made upon mortgage ; and he or they shall be entitled, on applying for the same, to obtain immediate possession of the tenure of the defaulter, in order to recover the amount so advanced from any profits belonging thereto.If the defaulter shall desire to recover his tenure from the hands of the person or persons who, by making the advance may have acquired such an interest therein, and entered on possession in consequence, he shall not be entitled to do so, except upon repayment of the entire sum advanced, with interest at the rate of twelve per cent, per annum up to the date of possession having been given as above, or upon exhibiting proof, in a regular suit to be instituted for the purpose, that the full amount so advanced, with interest, has been realised from the usufruct of the tenure.[Fifth. - When any person whose interests are affected by the sale of a patni taluk or a share or a portion thereof advertised for sale under this Regulation pays to the Collector the amount requisite to prevent the sale -(a)the amount so paid by him shall be deemed to be a debt bearing interest at twelve per centum per annum and secured by a mortgage of the taluk or a share or a portion thereof to him ;(b)his mortgage shall take priority of every other charge on the taluk or a share or a portion thereof other than a charge for arrears of rent; and(c)he shall be entitled to possession of the taluk or a share or a portion thereof as mortgagee of the talukdar, and to retain possession of it as such until the debt, with the interest due thereon, has been discharged.Nothing in this clause shall affect any other remedy to which any such person would be entitled.] [Clause 'Fifth' inserted by Bengal Act 15 of 1940.][Sixth. - When a patni taluk or a share or a portion thereof is advertised for sale under this Regulation, for arrears of rent owing to the default of a superior talukdar, and an inferior talukdar pays money to the Collector in order to prevent the sale such inferior talukdar may, in addition to any other remedy provided for him by law, deduct the whole or any portion of the amount so paid from any rent payable by him to his immediate landlord, and that landlord, if he is not the defaulter may, in like manner, deduct the amount so deducted, from any rent payable by him to his immediate landlord and so on until the defaulter is reached.] [Clause 'Sixth' inserted by Bengal Act 15 of 1940.]
