section 40
Right of holder of decree for eviction of kuzhikanamdar or kanam-kuzhikanamdar to apply for sale of holding
The Malabar Tenancy Act, 1929Civil192957 sections
Statutory text
- (1) A landlord who has obtained a decree for eviction in respect of a kuzhikanamdar or kanam-kuzhikanamdar, shall, in execution of such decree, be entitled to apply for the sale of the holding specified therein and of the improvements in respect of which compensation is awarded under the said decree, and for the payment to him of the balance of the sale price after deducting the amount of the said compensation.
- (2) In case such an application is made by a landlord and a sale is held in pursuance of such application, the person to whom the said compensation has to be paid, shall be entitled to bid at the sale and set off the said compensation towards the sale price, and no deposit need be made by him at the sale except in so far as the price offered by him exceeds the said compensation.
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