section 44
Suit to recover possession or to set aside sale of immovable property when notice of certificate not served
The Odisha Public Demands Recovery Act, 1962Notwithstanding anything hereinbefore contained, a sale of immovable property in execution of a certificate shall not be held to be void on the ground that the notice required by section 6 has not been served; but a suit may be brought in a Civil Court to recover possession of such property or to set aside such sale on the ground that such notice has not been served: Provided that no such suit shall be entertained-(a) if instituted more than one year from the date on which possession of the property was delivered to the purchaser, or (b) if the certificate debtor has made appearance in the certificate proceeding, or has applied to the Certificate Officer under section 27 to set aside the sale. On every sale of immovable property, the person declared to be the purchaser shall pay, immediately after such declaration, a deposit of twenty-five per cent on the amount of his purchase-money, to the officer or other person conducting the sale; and in default of such deposit, the property shall forthwith be resold.
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