section 41
Persons under disability
The Bengal Public Demands Recovery Act, 1913Where the Certificate Officer is satisfied that the certificate-debtor is a minor or of unsound mind, he shall, in any proceeding under this Act, permit to be represented by any suitable person. Where, upon the said investigation, the Certificate Officer is satisfied that, for the reason stated in the claim or objection, such property was not,-(a) (in the case of immovable property) at the date of the service of the notice under section 7, or (b) (in the case of movable property) at the date of the attachment, in the possession of the certificate-debtor or of some person in trust for him or in the occupancy of a tenant or other person paying rent to him, or that, being in the possession of the certificate-debtor at the said date, it was so in his possession, not on his own account or as his own property, but on account of or in trust for some other person, or partly on his own account and partly on account of some other person, the Certificate Officer shall make an order releasing the property, wholly or to such extent as he thinks fit, from attachment or sale.
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