The Calcutta Weekly Notes Monday September 14 1942

Under that provision when a decree is re-opened any property sold in execution of the deree and in possession of the decree-holder is to be restored to the judgment-debtor but in case the latter makes default in the payment of any instalment the restored property is to be re-restored to the decreholder. [...] If this property is restored to the judgmendebtor he cannot get his name mutated since the sale stands but at the same time by reason of the provisions contained in the Land Registration Act the tenants will not be bound to pay any rent to him. [...] If the Bengal Money-Lenders Act had been a statute of the quality of the old Indian Statutes such as the Evidence Act or the Specific Relief Act it would be worth while making a serious investigation as to whether the legislators had a scheme behind the Act which was not apparent on the surface. [...] XLVL The judgment-debtor is to retain possession of the property thereafter but the sale is net set aside and if he makes default the property will be returned to the decreholder. [...] As there has been no previous order setting aside the sale or re-vesting the property it is essetial that there should be a power in the Ccurt to declare the property re-vested upon the satisfaction of the debt.