Application to set aside sale of immovable property on deposit

(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 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 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 rupee; and (c) for payment to the Collector (where the certificate is for a public demand payable to the Collector), such outstanding charges due to 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 28 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. Save in the case of property of the kind described in the first proviso to rule 13, no sale hereunder shall, without the consent in writing of the certificate-debtor, take place until after the expiration of at least thirty days in the case of immovable property, or of at least fifteen days in the case of movable property exceeding twenty rupees in value, calculated from the date on which a copy of sale proclamation has been affixed in a conspicuous part of the office of the Certificate Officer: Provided that if a tenure, a raiyati holding at fixed rates or an occupancy holding situated in an area in which Chapter XVI of the Orissa Tenancy Act, 1913, is in force, is to be sold in execution of a certificate for arrears of rent due in respect thereof, the sale shall not, without the consent in writing of the certificate-debtor, take place until after the expiration of at least thirty days calculated from—(a) the date on which a copy of the sale proclamation has been affixed in a conspicuous part of the office of the Certificate Officer; or (b) the date on which the sale proclamation has been published in the Malkachari or rent office of the estate and at the local police-station, whichever is later. Save in the case of property of the kind described in the first proviso to rule 13, no sale hereunder shall, without the consent in writing of the certificate-debtor, take place until after the expiration of at least thirty days in the case of immovable property, or of at least fifteen days in the case of movable property exceeding twenty rupees in value, calculated from the date on which a copy of sale proclamation has been affixed in a conspicuous part of the office of the Certificate Officer: Provided that if a tenure, a raiyati holding at fixed rates or an occupancy holding situated in an area in which Chapter XVI of the Orissa Tenancy Act, 1913, is in force, is to be sold in execution of a certificate for arrears of rent due in respect thereof, the sale shall not, without the consent in writing of the certificate-debtor, take place until after the expiration of at least thirty days calculated from— (a) the date on which a copy of the sale proclamation has been affixed in a conspicuous part of the office of the Certificate Officer; or (b) the date on which the sale proclamation has been published in the Malkachari or rent office of the estate and at the local police-station, whichever is later.