Section 37D in The Bengal Land-Revenue Sales Act, 1859
37D. [ Amount paid to prevent sale to be in certain cases a mortgage debt on the estate or share thereof] [Sections 37C to 37D inserted by Bengal Act 7 of 1942.]. - (1) Where the sale has been set aside at the instance of, and on the deposit by, a person other than the defaulting proprietor or proprietors, the amount paid for such setting aside of the sale, shall be deemed to be a debt bearing interest at six per cent, per annum and secured by a mortgage of the estate or a share thereof sold in favour of the said person.
(2)His mortgage shall take priority over every other charge on the said estate or share other than a charge for arrears of revenue.(3)He shall be entitled to the possession of the said estate or share as mortgagee of the defaulting proprietor or proprietors and to retain possession of it as such until the said debt with interest thereon has been discharged.(4)Nothing in this section shall affect any other remedy to which any such person would be entitled.
