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The Agricultural Debtors Act, 1935

( ACT NO. VII OF 1936 )

Application for settlement of join debts
9.(1) An application may be made under sub-section (1) of section 8 for the settlement of-
 
 
(a) an ancestral debt for which two or more persons are jointly liable if one of such persons is a debtor within the meaning of this Act, and they all join in making such application, or
 
 
(b) a debt for which two or more persons are jointly liable if all such persons are debtors within the meaning of this Act and they all join in making such application,
 
 
and the Board may pass orders under this Act regarding any debt to which such application relates.
 
 
(2) If a debtor within the meaning of this Act is jointly liable with other persons for any debt other than a debt for arrears of rent such debtor may make an application under sub-section (1) of section 8 for relief in respect of his liability in regard to such debt, and the Board, after consideration of the facts and circumstances of the case, may, if so empowered under section 7, pass such order as it thinks fit under this Act regarding the debt so far as such applicant is concerned and such order of the Board shall not be questioned in any Civil Court or in any manner other than that provided in this Act:
 
 
Provided that an order of the Board under this sub-section shall not affect the liability of any other person who is jointly liable with the debtor for the debt, but in no case shall the creditor to whom the debt is due to be entitled to realize more than his dues from the persons jointly liable.
 
 
(3) If a debtor within the meaning of this Act is liable with other persons for a debt for arrears of rent, such debtor may, notwithstanding the provisions of clause (b) of sub-section (1), make an application under sub-section (1) of section 8 for relief in respect of the entire amount of such debt, and the Board, after consideration of the facts and circumstances of the case, may, if so empowered under section 7, pass such order as it thinks fit under this Act regarding the entire amount of such debt, and such order of the Board shall not be questioned in any Civil Court or in any manner other than that provided in this Act:
 
 
Provided that, notwithstanding anything contained in any other law,
 
 
(a) on compliance in full by the said debtor with an order of the Board under this sub-section, his liability and that of the said other persons to the landlord for the arrears of rent in respect of which such order is made, shall cease, by the said other persons shall be liable to contribute to the debtor in respect of the sum paid by him under the said order, and
 
 
(b) during the period allowed in the said order for full compliance with the terms thereof relating to the arrears of rent, the landlord shall be debarred from instituting a suit for the recovery of the same, unless during such period the debtor fails to comply with the said terms.

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