158. Procedure for annulling incumbrances under the foregoing section.
(1)A purchaser having power to annul an incumbrance under Section 155, Section 156 or Section 157, or under the Bengal Public Demands Recovery Act, 1913, and desiring to annul the same, may, within one year from the date of the sale, or the date on which he first has notice of the incumbrance, whichever is later, present to the Court which passed the decree or the Revenue Officer who made the order, as the case may be, for the sale of the property, an application in writing accompanied by the prescribed fee, requesting him to serve on the incumbrancer a notice declaring that the incumbrance is annulled.(2)When an application for service of a notice is made in manner provided in this section to the Court of the Revenue Officer, as the case may be, he shall cause the notice to be served in compliance therewith and the incumbrance shall be deemed to be annulled from the date on which it is so served.(3)When a permanent tenure or holding is sold in execution of a decree or a certificate signed under the Bengal Public Demands Recovery Act, 1913 for arrears due in respect thereof, and there is, on the tenure or holding, a protected interest of the land specified in Clause (b) of Section 151, the purchaser may, if he has power under this Chapter or that Act to avoid all incumbrances, sue to enhance the rent of the land which is the subject of the protected interest. On proof that the land is held at a rent which was not, at the time the lease was granted, a fair rent, the court may enhance the rent to such an amount as appears to be fair and equitable.This sub-section shall not apply to land which has been held for a term exceeding twelve years at a rent equal to the rent of good arable land at the time the lease was granted.
