Application to set aside sale of immovable property on deposit of debt and compensation to purchaser

(1) When any immovable property has been sold under this Chapter in execution of decree, any person, who owned such property immediately before the sale, or who claims, an interest therein under a title lawfully acquired before the sale may, at any time within a period of ninety days from the date of the sale, apply to have the sale set aside on his depositing in the Court of the Deputy Commissioner,- (a) for payment to the purchaser-a sum equal to five per centum of the purchase-money, and (b) for payment to the decree-holder-the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered, less any amount which may, since the date of such proclamation or sale have been received by the decree-holder; Provided that if a person applies under Section 213 to set aside the sale of his immovable property, he shall not be entitled to make an application under this Section. (2) If the said deposits are made within the said period, the Court shall pass an order setting aside the sale, and the purchaser shall be entitled to an order for the payment of the aforesaid sum equal to five per centum of the purchase-money and to an order for repayment of his purchase money, with or without interest as the Court may direct against any person to whom it has been paid.