Section 23 in Tamil Nadu Agriculturists Relief Act, 1938
23. Sales of immovable property to be set aside in certain cases.
- Where in execution of any decree any immovable property, in which an agriculturist had an interest, has been sold or foreclosed on or after the 1st October 1937, then notwithstanding anything contained in the [Indian Limitation Act, 1908 (Central Act IX of 1908)] [This Act was repealed and re-enacted as the Limitation Act, 1963 (Central Act 36 of 1963).], or in the Code of Civil Procedure, 1908 (Central Act V of 1908), and notwithstanding that the sale has been confirmed, any judgment-debtor, claiming Act to be an agriculturist entitled to the benefits of this Act, may apply to the Court within 90 days of the commencement of this Act to set aside the sale or foreclosure of the property, and the Court shall, if satisfied that the applicant is an agriculturist entitled to the benefits of this Act, order the sale or foreclosure to be set aside, and thereupon the sale [or foreclosure] [Inserted by the Second Schedule to the Madras Repealing and Amending Act, 1938 (Madras Act XIII of 1938).] 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 other persons interested in such sale or foreclosure and without affording them an opportunity to be heard in the matter.
