Amount of purchase price to be applied towards satisfaction of debts.

§44

Summary

(1) During an inquiry held under sub-section (3) of section 43 the Tribunal shall determine any encumbrances lawfully subsisting on the land on the date of the application made by the tenant under sub-section (2) of that section. (2) (a) If the total amount of the encumbrances is less than the purchase price so determined,- (i) where the purchase price is paid in lump sum, it shall be deducted from the purchase price and the balance paid to the landlord; (ii) where the purchase price is made payable in instalments, the Tribunal shall deduct such amount from such instalments towards the payment of the encumbrances: Provided that where under any agreement, award, the decree or order of a Court or any law, the amount of the encumbrances is recoverable in instalments, the Tribunal shall deduct such amount as it deems reasonable from the instalments so payable. (b) If the total amount of the encumbrances is more than the amount so determined, the purchase price in lump sum or the instalments, as the case may be, shall be distributed in the order of priority. If any person has a right to receive maintenance or alimony from the profits of the land, the Tribunal shall also make deductions for payments out of the purchase price. (3) If such question involves any question of law regarding the validity of the encumbrance or the claim of the holder of the encumbrance or any question regarding the amount due in respect of encumbrance, then notwithstanding anything contained in section 124, the Tribunal shall in the manner prescribed refer the question for decision to the Civil Judge within the territorial limits of whose jurisdiction the land is situate. On receipt of such reference the Judge concerned shall, after giving notice to the parties concerned, try the questions referred to and record findings thereon and send the same to the Tribunal. The Tribunal shall then give the decision in accordance with the said findings. (4) Nothing in this section shall affect the rights of holder of any such encumbrances to proceed to enforce against the landlord his right in any other manner or any other law for the time being in force.

(1) During an inquiry held under sub-section (3) of section 43 the Tribunal shall determine any encumbrances lawfully subsisting on the land on the date of the application made by the tenant under sub-section (2) of that section. (2) (a) If the total amount of the encumbrances is less than the purchase price so determined,- (i) where the purchase price is paid in lump sum, it shall be deducted from the purchase price and the balance paid to the landlord; (ii) where the purchase price is made payable in instalments, the Tribunal shall deduct such amount from such instalments towards the payment of the encumbrances: Provided that where under any agreement, award, the decree or order of a Court or any law, the amount of the encumbrances is recoverable in instalments, the Tribunal shall deduct such amount as it deems reasonable from the instalments so payable. (b) If the total amount of the encumbrances is more than the amount so determined, the purchase price in lump sum or the instalments, as the case may be, shall be distributed in the order of priority. If any person has a right to receive maintenance or alimony from the profits of the land, the Tribunal shall also make deductions for payments out of the purchase price. (3) If such question involves any question of law regarding the validity of the encumbrance or the claim of the holder of the encumbrance or any question regarding the amount due in respect of encumbrance, then notwithstanding anything contained in section 124, the Tribunal shall in the manner prescribed refer the question for decision to the Civil Judge within the territorial limits of whose jurisdiction the land is situate. On receipt of such reference the Judge concerned shall, after giving notice to the parties concerned, try the questions referred to and record findings thereon and send the same to the Tribunal. The Tribunal shall then give the decision in accordance with the said findings. (4) Nothing in this section shall affect the rights of holder of any such encumbrances to proceed to enforce against the landlord his right in any other manner or any other law for the time being in force.

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