Section 244(5)(b) in Bihar and Orissa Public Demand Recovery Rules

[Cites 0, Cited by 0] [Section 244(5)] [Section 244] [Entire Act]

State of Bihar - Subsection

Section 244(5)(b) in Bihar and Orissa Public Demand Recovery Rules

(b)no objection by any third person to the attachment or sale of crops shall be entertained except -

(i)an objection, by a mortgagee holding under a bhugut bandha mortgage, that the judgment debtor has other movable property or assets, from which the sum due can be realized; or

(ii)an objection, by a lessee holding under a mukarrari lease as described in Section 240, clause (a), that the land in respect of which the arrear accrued is included in his lease, and that the judgment debtor has other movable property or assets from which the sum due can be realised; or

(iii)an objection, by a cultivator, that he is in possession of the land in respect of which the arrear accrued, that the land is recorded in the record-of-rights as being in the possession of himself or of some person from whom he has lawfully acquired such possession and that the judgment-debtor has other movable property or assets from which the sum due can be realised; or

(iv)an objection, by such third person, that the land on which such crops were or are standing is entered in the record-of-rights as being in the possession of himself or of some person from whom he has lawfully acquired possession, and that such land does not form part of the tenancy in respect of which the certificate was signed.

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State of Bihar - Subsection

Section 244(5)(b) in Bihar and Orissa Public Demand Recovery Rules