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[Cites 0, Cited by 2] [Section 127] [Entire Act]

Madras Presidency - Subsection

Section 127(2) in Madras Estates Land Act, 1908

(2)[] [Original section 127 was renumbered as sub-section (2) of section 127 and new sub-section (1) was inserted by section 72 of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).] [In disposing of the balance of the proceeds of the sale] [Substituted for the words 'In disposing of the proceeds of a sale of a holding under this chapter' by section 73(2)(a) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).], the following rules [shall, subject to the provisions of sub-section (2) of section 120-A, be observed] [Substituted for 'shall be observed' by the Madras Estates Land (Amendment) Act, 1934.], that is to say: -
(a)there shall first be paid to the landholder the costs incurred by him in bringing the holding to sale;
(b)there shall, in the next place, be paid to the landholder the amount due to him for arrears and interest up to date of payment;
(c)if there remains a balance after these sums have been paid, there shall be paid to the landholder therefrom any [arrears of rent and interest due in respect of the holding between the date of the notice under section 112] [Substituted for the words 'rent which may have fallen due to him in respect of the holding between the date of application or suit' by section 73(2)(b) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIU of 1934).] and the date of the sale and the defaulter shall receive from the selling officer a receipt for the amount so paid; if the defaulter disputes the landholder's right to receive any sum under this clause, the Collector shall register the dispute as a suit and shall proceed to determine it:
Provided that no payment shall be made to the landholder under clauses (a), (b) and (c) [until after the grant of a certificate of sale under sub-section (2) of section 124] [Substituted for the words 'of this section until after the expiration of thirty days from the date of sale' by section 73(2)(c) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).];
(d)the balance (if any) remaining after the payment of the amount mentioned in clause (c) shall, subject to the order of any Civil Court to the contrary, be paid to the defaulter on his application, after the expiration of three months from the date of the sale.