Laws of Bangladesh

The Public Demands Recovery Act, 1913 (Bengal Act)

( ACT NO. III OF 1913 )

Setting aside sale.

Application to set aside sale of immovable property on deposit
22. (1) Where immovable property has been sold in execution of a certificate, the certificate-debtor, or any person whose interests are affected by the sale, may, at any time within thirty days from the date of the sale, apply to the Certificate-officer to set aside the sale, on his depositing-
(a) for payment to the certificate-holder the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered, with interest thereon at the rate of six and a quarter per centum per annum, calculated from the date of the proclamation of sale to the date when the deposit is made;
(b) for payment to the purchaser, as penalty a sum equal to five per cent. of the purchase-money, but not less than one Taka; and
(c) for payment to the collector (where the certificate is for a public demand payable to the Collector), such outstanding charges due to the Government under any law for the time being in force as the Collector certifies to be payable by the certificate-debtor.
(2) Where a person makes an application under section 23 for setting aside the sale of his immovable property he shall not, unless he withdraws that application, be entitled to make or prosecute an application under this section.

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