Section 9A in The Murshidabad Estate (Management Of Properties) And Miscellaneous Provisions Act, 1980
9A. [ Disposal of property.]- [Section 9A and 9B inserted by W.B. Act 11 of 1996.] (1) Where any persons have been evicted from any premises or other immovable properties under section 9, the Estate Manager may, after giving fourteen days notice to the persons from whom possession of the premises or other immovable properties has been taken, remove or cause to be removed or dispose of by public auction any property remaining on such premises.
(2)Where any property is sold under sub-section (1), the sale proceeds shall, after deducting the expenses of the sale and the amount, if any, due to the Estate Manager on account of arrears of rent or damages or costs, be paid to such person or persons as may appear to the Estate Manager to be entitled to the same.[9B. Appeal.-] [Section 9A and 9B inserted by W.B. Act 11 of 1996.] (1) An appeal shall lie from every order of the Estate Manager made under section 9 to an appellate officer who shall be the district judge of the district in which the premises or other immovable properties are situate or such other judicial officer in that district of not less than ten years standing as the district judge may designate in this behalf.(2)An appeal under sub-section (1) shall be preferred within fifteen days from the date of publication of the order under that sub-section :Provided that the appellate officer may entertain the appeal after the expiry of the said period of fifteen days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.(3)Where an appeal is preferred from an order of the Estate Manager, the appellate officer may stay the enforcement of that order for such period and on such conditions as he deems fit.(4)Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible.(5)The costs of any appeal under this section shall be in the discretion of the appellate officer.(6)For the purposes of this section, the City of Calcutta as defined in clause (3) of section 2 of the City Civil Court Act, 1953, shall be deemed to be a district and the Chief Judge or the principal judge of the City Civil Court therein shall be deemed to be the district judge of the district.
