Section 81 in The West Bengal Non-Agricultural Tenancy Act, 1949
81. Amount paid into Court to prevent sale to be a mortgage-debt on the tenancy in certain cases. -
(1)When any person whose interests are affected by the sale of a tenancy of a non-agricultural tenant advertised for sale in execution of a decree for arrears of rent due in respect thereof or in execution of a certificate for arrears of rent due in respect thereof signed under the Bengal Public Demands Recovery Act, 1913, pays into the Court the amount requisite to prevent the sale-(a)the amount so paid by him shall be deemed to be a debt bearing interest at six and a quarter per centum per annum and secured by a mortgage of such tenancy to him ;(b)his mortgage shall take priority over every other charge on such tenancy other than a charge for arrears of rent; and(c)he shall be entitled to possession of the tenancy as mortgagee of the non-agricultural tenant, and to retain possession of it as such until the debt, with the interest due thereon, has been discharged.(2)Nothing in this section shall affect any other remedy to which any such person would be entitled.
