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Section 158: Requisition for resale

Sale Of Immovable Property Act · PART VII: PROPERTY SOLD OTHERWISE THAN BY PUBLIC AUCTION

consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

158. Requisition for resale (1) An inscribed or judgment creditor may, within 15 days following the fulfilment of the formalities under section 157, make a requisition that the property be put up for sale by public auction before the Master. (2) Where the requisition is made by a creditor holding a vendor’s privilege duly inscribed, he shall not be debarred from making a declaration that he intends to enter an action in cancellation in the manner specified in section 23. (3) The requisition shall be made by— (a) a mere declaration to that effect, in the margin, or at the foot, of the document of deposit (acte de dépôt); and (b) a simultaneous deposit of a sum of money, to be fixed by the Master, which shall not exceed 5,000 rupees.

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