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Bengal Presidency - Section

Section 26 in Bengal Public Demands Recovery Act, 1913

26. Disposal of proceeds of execution

.— (1) Whenever assets are realized, by sale or otherwise in execution of a certificate, they shall be disposed of in the following manner:—(a)there shall first be paid to the certificate-holder the costs incurred by him,(b)there shall, in the next place, be paid to the certificate-holder the amount due to him under the certificate in execution of which the assets were realized:(c)if there remains a balance after these sums have been 'paid, there shall be paid to the certificate-holder therefrom any other amount recoverable under the procedure provided by this Act which may be due to him upon the date upon which the assets were realized; and(d)the balance (if any) remaining after the payment of the amount (if any) referred to in clause (c) shall be paid to the certificate-debtor.
(2)If the certificate-debtor disputes any claim made by the certificate-holder to receive any amount referred to in clause (c), the Certificate Officer shall determine the dispute.Resistance to purchaser after sale