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State of Andhra Pradesh - Section

Section 37 in Andhra Pradesh Revenue Recovery Act, 1864

37. Tender of arrears of revenue up to sunset on day before sale:

- It shall be competent to the defaulter or to any person acting on his behalf or claiming an interest in the land, to tender the full amount of the arrears of revenue with the interest thereon, and all charges which have been incurred in demanding the arrears, or in attaching or managing the estate or in taking the steps necessary for sale and thereupon the sale shall be stayed :Provided always that such tender must be made before sunset on the day previous to that appointed for the sale, and all sums [paid under this or the next succeeding section] [Substituted for the words 'so paid' by Madras Act of 1909.] by any tenant, or bona fide mortgagee, or other incumbrancer or any person bona fide claiming an interest in the estate adverse to the defaulter may be recovered in the manner provided in Section 35.[37A. Application to set aside sale of immovable property on deposit: - (1) Any person owning or claiming an interest in immovable property sold under this Act may at any time within thirty days from the date of sale, deposit in the treasury of the taluk in which the immovable property is situated—(a)a sum equal to five per centum of the purchase-money ;(b)a sum equal to the arrears of revenue for which the immovable property, was sold, together with interest thereon and the expenses of attachment, management and sale and other costs due in respect of such arrears, and may apply to the Collector to set aside the sale.
(2)If such deposit and application are made within thirty days from the date of sale, the Collector shall pass an order setting aside the sale, and shall repay to the purchaser the purchase money so far as it has been deposited, together with the five per centum deposited, by the applicant :Provided that if more persons than one have made deposits and application under this section, the application of the first depositor to the Collector or to the officer authorized to set aside the sale shall be accepted.
(3)If a person applies under Section 38 to set aside the sale of immovable property, he shall not, unless he withdraws such application, be entitled to make an application under this section.][Inserted by Section 2 of the Madras Revenue Recovery (Amendment) Act, 1937 (Madras Act XIV).]