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The Kerala Court of Wards Act, 1967 [1] Chapter 41

Title: CHAPTER V

State: Kerala

Year: 1967

being satisfied that it is expedient in the public interest that the estate should be preserved and such incumbrancer should deliver up possession of the mortgaged property, make a declaration to that effect, and direct the court

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Bombay Tenancy and Agricultural Lands Act, 1948 Chapter 4

Title: CHAPTER 4 Management of estates held by landholders

State: Maharashtra

Year: 1948

time after the liquidation scheme has been sanctioned as aforesaid, may by an order in writing require such incumbrancer to deliver up possession of the same to him at the end of the then current revenue year.

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The Bombay Tenancy and Agricultural Lands Act-1948 Section 57

Title: (1) If the estate under management or any part thereof be in the possession of a Powers to mortgagee, or a conditional

State: Gujarat

Year: 1990

mortgagee in has been sanctioned as aforesaid, may be an order in writing require such incumbrancer to possession. deliver up possession of the same to him at the end of the then current revenue

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Brief the judgments behind these acts

Code of Civil Procedure, 1908 Part II

Title: Execution

State: Central

Year: 1908

Provided as follows:-- (a) where any property is sold subject to a mortgage or charge, the mortgagee or incumbrancer shall not be entitled to share in any surplus arising from such sale; (b) where any property liable

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Code of Civil Procedure, 1908 Section 73

Title: Proceeds of Execution-sale to Be Rateably Distributed Among Decree-holders

State: Central

Year: 1908

Provided as follows:-- (a) where any property is sold subject to a mortgage or charge, the mortgagee or incumbrancer shall not be entitled to share in any surplus arising from such sale; (b) where any property liable

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Code of Civil Procedure 1908 Section 73

Title: PROCEEDS OF EXECUTION SALE TO BE RATEABLY DISTRIBUTED AMONG DECREE HOLDERS

State: Central

Year: 1908

PROVIDED as follows:-- (a) where any property is sold subject to a mortgage or charge, the mortgagee or incumbrancer shall not be entitled to share in any surplus arising from such sale; (b) where any property liable

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The Orissa Court of Wards Act, 1947 Section 46

State: Orissa

Year: 1947

direct the Court to take possession thereof; the Court shall, thereupon by an order in writing, require such incumbrancer to deliver up possession of the same to the manager at the end of the then current revenue

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Code of Civil Procedure, 1908 Appendix D

Title: Decrees

State: Central

Year: 1908

deceased or anypart thereof ; (c) an account, so far aspossible, of what is due to the several incumbrancers, and to include astatement of the priorities of such of the incumbrancers as shall consent tothe sale hereinafter

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The Kerala Court of Wards Act, 1967 [1] Chapter 50

Title: CHAPTER VII

State: Kerala

Year: 1967

or of the major members of such tarwad or family, as the case may be. (2) Whenever an incumbrancer is dispossessed under section 42, and his debt remains unliquidated at the time the court releases from its

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Presidency-towns Insolvency Act, 1909 Part III

Title: Administration of Property

State: Central

Year: 1909

a transfer made before any and in consideration of marriage, or made in favour of a purchaser or incumbrancer in good faith and for valuable consideration, shall, if the transferor is adjudged insolvent within two years after

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