Section 32Q in The Bombay Tenancy and Agricultural Lands Act, 1948
32Q. Amount of purchase price to be applied towards satisfaction of debts.
(1)During an inquiry held under section 32G the Tribunal shall determine any encumbrances lawfully subsisting on the land on the tillers' day.(2)(a)If the total amount of the encumbrances is less than the purchase price so determined,-(i)where the purchase price is lump sum it shall be deducted from the purchase price and the balance paid to the landlord;(ii)where the purchase price is made payable in instalments, the Tribunal shall deduct such amount from such instalments towards the payment of the encumbrances;Provided that where under any agreement, award, the decree or order of a Court or any law, the amount of the encumbrances is recoverable in instalments the Tribunal shall deduct such amount as it deems reasonable from the instalments so payable.(b)If the total amount of encumbrance is more than the amount so determined, the purchase price in lump sum or the instalments, as the case may be, shall be distributed in the order of priority. If any person has a right to receive maintenance or alimony from the profits of the lands, the Tribunal shall also make deductions for payment out of the purchase price.(3)If such question involves any question of law regarding the validity of the [encumbrances or the claim] [These words were substituted for the words 'encumbrance, the claim' by Bombay 38 of 1957 section 17.] of the holder of the encumbrance or any question regarding the amount due to in respect of the encumbrance, then notwithstanding anything contained in section 85A, the Tribunal shall in the manner prescribed refer the question for decision to [***] [The words 'the Judge of the Presidency Small Causes Court, or' were deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment) Order, 1960.] the Civil Judge within the territorial limits of whose jurisdiction the land is situate. On receipt of such reference the Judge concerned shall, after giving notice to the parties concerned try the question referred to and record findings thereon and send the same to the Tribunal. The Tribunal shall then give the decision in accordance with the said findings.(4)Nothing in this section shall affect the rights of holder of any such encumbrances to proceed to enforce against the landlord his right in any other manner or any other law for the time being in force.
