cover image: The Calcutta Weekly Notes  Monday  January 11  1943

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The Calcutta Weekly Notes Monday January 11 1943

1943

168A makes the purchaser liable to pay “the dficiency if any between the purchase price and the amount due under the decree or certificate together with the costs and any rent which may have become payable to the decree-holder between the date of the institution of the suit and the date of the confirmation of the sale.” Sub-sec. [...] 169 the sale proceeds are to be applied to meeting the following liablities in succession—(1) the costs of the sale; (2) the decretal amount; (3) costs of the application under the section and pest-suit rent; and if after meeting the third liability any balance be left the same has to be paid to the judgment-debtor unless the Court otherwise directs. [...] (1) (c) but surely the foundation of the dispute cannot be that the landlord has already got the amount from the purchaser. [...] 169 to the payment of the post-suit rent so that such.rent will ultimately come in to the landlord from the judgment-debtor yet the purchaser too must pay the same rent over again on his own account with the result that the landlord will be twice blest? [...] portion of the section prefaced by the word3 " together with " does not.stand apart but goes with " the amount due uder the decree." If the purchase price covers the decretal dues and costs and the post-suit rent there is no deficiency as contemplated by the section and the puchaser has to deposit nothing further.
law
Pages
2
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday January 11 1943
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