Section 37A(1) in The Bengal Agricultural Debtors Act, 1936
(1)When any immovable property of any person has been sold after the twelfth day of August, 1935, in execution of a decree of a Civil Court or a certificate under the Bengal Public Demands Recovery Act, 1913, relating to a debt, other than a certificate for the recovery of any amount payable under an award, such person or his heir, executor or administrator may, notwithstanding anything contained in this Act or in any other law for the time being in force or in any agreement, apply for relief under this section, if the following conditions are fulfilled, namely]:-(a)if, on the date of the sale, such person was a debtor,(b)if the sale was held-(i)before an appointment was made under sub-section (2) of section 3 in relation to the Board established for the local area within which such person ordinarily resided at the time of the sale, or(ii)notwithstanding the issue by such Board of a notice under section 34, or(iii)before the commencement of the Bengal Agricultural Debtors (Amendment) Act, 1940, in the case of a debt for arrears of rent in respect of which such person was liable jointly with any other person, and(c)if the property sold was in the possession of the decree-holder on or after the twentieth day of December, 1939, or was alienated by the decree-holder before that date in any manner otherwise than by-(i)a bona fide gift by a heba whether by registered instrument or not, or(ii)any other bona fide gift by registered instrument, or(iii)a bona fide lease for valuable consideration whether by registered instrument or not, or(iv)any other bona fide transfer for valuable consideration (excepting a mortgage) by registered instrument.
