Print View

[Section Index]

The Agricultural Debtors Act, 1935

( ACT NO. VII OF 1936 )

Applications for restoration to possession of immovable property sold in execution of decrees or certificates for debt
1[37A.(1) When any immovable property of any person has been sold after the twelfth day of August, 1935, in execution of a decree of a Civil Court or a certificate under the Public Demands Recovery Act, 1913 relating to a debt, other than a certificate for the recovery of any amount payable under an award, such person or his heir, executor or administrator may, notwithstanding anything contained in this Act or in any other law for the time being in force or in any agreement, apply for relief under this section, if the following conditions are fulfilled, namely:-
 
 
(a) if, on the date of the sale, such person was a debtor,
 
 
(b) if the sale was held-
 
 
(i) before an appointment was made under sub-section (2) of section 3 in relation to the Board established for the local area within which such person ordinarily resided at the time of the sale, or
 
 
(ii) notwithstanding the issue by such Board of a notice under section 34, or
 
 
(iii) before the commencement of the Agricultural Debtors (Amendment) Act, 1940, in the case of a debt for arrears of rent in respect of which such person was liable jointly with any other person, and
 
 
(c) if the property sold was in the possession of the decree holder on or after the twentieth day of December, 1939, or was alienated by the decree-holder before that date in any manner otherwise than by
 
 
(i) a bona fide gift by a heba whether by registered instrument or not, or
 
 
(ii) any other bona fide gift by registered instrument, or
 
 
(iii) a bona fide lease for valuable consideration whether by registered instrument or not, or
 
 
(iv) any other bona fide transfer for valuable consideration (excepting a mortgage) by registered instrument.
 
 
(2) The application referred to in sub-section (1) shall be made to the Board established for the local area within which the applicant ordinarily resides and within one year from the date of the commencement of the Agricultural Debtors (Amendment) Act, 1942, or from the date on which possession of the property was delivered to the decree-holder, whichever is later, notwithstanding that on the date of such application the period of eleven years from the establishment of the first Board in such local area has already expired; and the Board shall first determine whether the application fulfils the conditions specified in that sub-section and whether it can be entertained.
 
 
(3) No Board shall entertain an application under sub-section (2) if such application relates to a debt in respect of which a Civil Court has previously entertained a suit instituted or an application made under the provisions of the 2[* * *] Money-lenders Act, 1940; and no Civil Court shall entertain a
 
 
suit instituted or an application made under the provisions of that Act if such suit or application relates to a debt in respect of which a Board has previously entertained an application made under the provisions of this section.
 
 
(4) If the Board decides that an application made under sub-section (2) fulfils the conditions specified in sub-section (1) and can be entertained by it, and if after an opportunity has been allowed in the manner prescribed, the applicant, the decree holder and the landlord of the applicant in respect of the property sold in the case where the decree-holder is not such landlord, or where the Board finds that the property sold is subject to any bona fide mortgage executed by the decree-holder before the twentieth day of December, 1939, the applicant, the decree-holder, such landlord and such mortgagee do not effect an amicable settlement of the debt within such period as the Board may allow, the Board shall, in such manner as may be prescribed, estimate the average annual gross receipts deemed to have been derivable from the property sold during the period beginning on the first day of January, 1934, and ending on the thirty-first day of December, 1938.
 
 
(5) After making the estimate referred to in sub-section (4), the Board shall make an award directing the applicant-
 
 
(a) to pay annually in cash to the decree-holder one-half of the value of such average annual gross receipts until the debt is extinguished or units twenty years have expired from the date of the award, whichever is earlier, and
 
 
(b) in addition, to pay in cash together with each such annual payment as long as such payment continues any amount payable to the landlord of the applicant as current annual rent of the property sold:
 
 
Provided that if the property sold is subject to any bona fide mortgage executed by the decree-holder before the twentieth day of December, 1939, the Board shall in the said award instead of directing the payment referred to in clause (a), direct
 
 
(i) that the applicant shall until the principal of the said mortgage, in so far as such principal does not exceed the debt referred to in clause (a) of sub-section (7), is paid off or until twenty years have expired from the date of the said award,
 
 
whichever is earlier, pay to such mortgagee annually and in cash one-half of the value of the average annual gross receipts referred to in clause (a) of this sub-section, and
 
 
 
 
(ii) that the applicant shall, if after such principal of the said mortgage is paid off anything on account of the debt referred to in clause (a) of sub-section (7) is still outstanding and twenty years have not expired from the date of the said award, continue to pay the amount referred to in clause (a) of this sub-section to the decree-holder until the debt is extinguished or until twenty years have expired from the date of the said award, whichever is earlier:
 
 
Explanation.  For the purposes of this proviso any payment made to the mortgagee under clause (i) of this proviso shall be deemed to be made towards the debt referred to in clause (a) of sub-section (7).
 
 
(6) The Board shall in the case where any improvement has been effected bona fide by the decree-holder before the twentieth day of December, 1939, by the erection of a building whether of masonry, bricks, stone or any other material whatsoever or by the construction of any tank or well on the property sold or on any portion thereof, allow compensation to the decree-holder for any loss caused to him by the restoration of the possession of such property to the debtor and shall, before making an award under sub-section (5), determine the amount of such compensation in the manner prescribed.
 
 
(7) For the purposes of an award made under sub-section (5)-
 
 
(a) the debt shall be deemed to be-
 
 
(i) the amount of the decree or certificate in execution of which the property was sold together with all costs of such execution including the cost of delivery of possession of the property to the decree-holder calculated in the manner prescribed, and
 
 
(ii) in addition, the compensation, if any, allowed under sub-section (6) and in the case of a decree or certificate for arrears of rent, the amount of the rent, if any, payable to the decree-holder in respect of the property between the date of the institution of the suit or the filing of the certificate and the date on which the decree-holder secured possession of
 
 
 
 
 
 
the property, after deducting therefrom, in respect of each year during which the decree-holder remained in possession of the property, an amount equal to half the average annual gross receipts estimated under sub-section (4), and a proportionate amount in respect of any portion of any such year; and
 
 
(b) in the case to which the proviso to sub-section (5) applies, the debt shall include so much of the principal of the mortgage referred to in that proviso as is payable under clause (i) of that proviso to the mortgagee;
 
 
and after such an award has been made, the applicant shall be deemed to be a debtor.
 
 
(8) The debtor may present a copy of the award made under sub-section (5) to the Civil Court or Certificate officer at whose order the property was sold, and such Court or Certificate officer shall thereupon direct that the sale be set aside, that the debtor together with any person who was in possession of the property sold or any part thereof at the time of delivery of possession of such property to the decree-holder as an under-raiyat of the debtor and who has been ejected therefrom by reason of such sale be restored to possession of the property with effect from the first day of Baisakh next following or the first day of Kartick next following, whichever is earlier, and that any person who is in possession of the property other than a person who was in possession of the property or part thereof as an under-raiyat of the debtor at the time of delivery of possession of such property to the decree-holder shall be ejected therefrom with effect from that date.
 
 
(9) A debtor who has been restored to possession of any property under sub-section (8) shall not, so long as there remains unpaid any sum payable under an award made under sub-section (5) or until the expiration of twenty years from the date of such award, whichever is earlier, alienate by sale, lease, gift or other form of transfer, or create any charge upon, such property or any portion thereof and, notwithstanding anything contained in any other law, any alienation or charge so made shall be void and of no effect.
 
 
(10) The provisions of sections 28 and 29 shall, so far as may be, be applicable in the case where the debtor fails to pay by the date fixed any sum payable under an award made under sub-section (5).
 
 
 
 
(11) When the debt is extinguished, or when twenty years have expired from the date of the award made under sub-section (5), or when such award ceases to subsist under sub-section (5) of section 29, whichever is earlier, the decree or certificate in execution of which the property was sold shall be deemed to have been fully satisfied.
 
 
(12) In this section the expression "decree-holder" includes the certificate-holder and any person to whom any interest in the decree or certificate is transferred by assignment in writing or by operation of law.

  • 1
    Section 37A was inserted by section 5 of the Bengal Agricultural Debtors (Amendment) Act, 1942 (Act No. II of 1942)
  • 2
    The word "Bengal" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs