Sales Act (XI of 1859)
Ss. 29, 37.
Sale of an estate for arrears of revenue does not annul under tenures
automatically but renders them voidable at the option of the purchaser.
can exercise his option of annulment by institution of suit, service of notice
upon the under-tenure holders, by collecting rent from tenants or by any other
overt act indicating a clear intention to annul and the intention must be made
known to the under-tenure holders.
Gopal Roy Choudhary vs. Md. Mohashwaruddin, (1964) 16 DLR 580.
under- tenure holder or his successor in interest may succeed on ground of
adverse possession even inspite of annulment. Ibid.
S. 37 (4th
exception): Dwelling house—For availing protection under 4th exception of
section 37 of the Revenue Sales Act a dwelling house should be of permanent
character but that does not mean that it must be a building or a structure of
permanent build—Dwelling house includes cowshed.
Vs. Upendra Lal Sarkar (1972) 24 DLR 24.
and panborj, i.e., betel leaves plantation arc ‘protected interest’ within the
meaning of 4th exception of section 37 of the Revenue Sales Act. Ibid.
Encumbrances, annulment of—No formal notice by the purchaser is required under
the Revenue Sales Act to annual encumbrances. Ibid.