(3)When a tenancy has been sold for arrears of rent due thereon, the decree-holder, the judgement-debtor or any person whose interests are affected by the sale, may, at any time within sixty days from the date of the sale apply, to the Court to set aside the sale on the ground of a material irregularity or fraud in publishing or conducting the sale:Provided as follows :(a)no sale shall be set aside on any such ground unless the court is satisfied that the applicant has sustained substantial injury by reason of such irregularity or fraud ; and(b)no application made by a judgement-debtor under this sub-section shall be allowed unless the applicant either deposits the amount recoverable from him in execution of the decree or satisfies the Court, for reasons to be recorded in writing, that such deposit is not necessary.
