Section 42 in The Bengal Land-Revenue Sales Act, 1859
42. Procedure on application for special registry.
- When the application is for special registry the Collector shall serve and issue the notices prescribed in the last preceding section.If within the limited time no objection is made, the Collector shall cause any inquiry that he may deem necessary for the security of the Government revenue to be made; and if he is satisfied that the Government revenue of the parent estate is sufficiently secured so far as it may be affected by the tenure or farm in question, he shall report the case to the Commissioner, who, if also satisfied on that point, shall direct the tenure or farm to be registered according to the application; otherwise the application shall be rejected.If within the limited time any recorded proprietor or any party interested not being a proprietor object to the registry the Collector shall examine the person so objecting or his authorized agent, and, if it shall appear to him that such person, has probable ground of objection, shall suspend proceedings, and shall refer the parties to the Civil Court; otherwise he shall proceed as if no objection had been made.If the decision of the Civil Court be in favour of the applicant, the Collector on the presentation of a copy of a final decree, shall proceed as above provided for cases in which no objection is made within the limited time.
