Where immovable property has been sold in execution of a degree, [any person claiming an interest in the property sold at the time of the sale or at the time of making the application, or acting for or in the interest of such person,] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 for certain words (w.e.f. 1.2.1977).] may apply to have the sale set aside on his deposition in Court,-

for payment to the purchaser, a sum equal to five per cent of the purchase-money, and

for payment, to the decree-holder, the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered less any amount which may, since the date of such proclamation of sale, have been received by the decree-holder.

Where a person applies under rule 90 to set aside the sale of his immovable property, he shall not unless he withdraws his application, be entitled to make or prosecute an application under this rule.

Nothing in this rule shall relieve the judgment-debtor from any liability he may be under in respect of costs and interest not covered by the proclamation of sale.

High Court Amendments-[Andhra Pradesh].-Same as that of Madras. [Karnataka].-(i) In sub-rule (1), clause (h) for the words "such proclamation:..... decreeholder" substitute "that proclamation of sale, have been paid or deposited towards satisfaction of the decree." (ii) Add proviso as in Madras. [Kerala].-(i) In clause (b) for "date of such proclamation" read "date of the proclamation"; (ii) Insert the following provisos after clause (b): "Provided that, when several items of properties are sold separately, the sale of one or more of such items may be set aside on depositing in Court the amount of the purchase money for the items the sale of which is sought to be set aside and a sum equal to five per cent. of that amount, and the balance, if any, of the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered still remains unrealised: Provided further that where the immovable property sold is liable to discharge a portion of the decree debt, the payment under clause (b) of this sub-rule need not exceed such amount as under the decree the owner of the property sold is liable to pay." [Madras].-In sub-rule (1), for the words "any person, either owning... before such sale" substitute the words "the judgment-debtor or any person deriving title from the judgment-debtor or any person holding an interest in the property". At the end of sub-rule (1), insert the following proviso: "Provided that where the immovable property sold is liable to discharge a portion of the decree-debt, the payment under clause (b) of this sub-rule need not exceed such amount as under the decree the owner of the property sold is liable to pay."

Where immovable property has been sold in execution of a degree, [any person claiming an interest in the property sold at the time of the sale or at the time of making the application, or acting for or in the interest of such person,] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 for certain words (w.e.f. 1.2.1977).] may apply to have the sale set aside on his deposition in Court,-

for payment to the purchaser, a sum equal to five per cent of the purchase-money, and

for payment, to the decree-holder, the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered less any amount which may, since the date of such proclamation of sale, have been received by the decree-holder.

Where a person applies under rule 90 to set aside the sale of his immovable property, he shall not unless he withdraws his application, be entitled to make or prosecute an application under this rule.

Nothing in this rule shall relieve the judgment-debtor from any liability he may be under in respect of costs and interest not covered by the proclamation of sale.

High Court Amendments-[Andhra Pradesh].-Same as that of Madras. [Karnataka].-(i) In sub-rule (1), clause (h) for the words "such proclamation:..... decreeholder" substitute "that proclamation of sale, have been paid or deposited towards satisfaction of the decree." (ii) Add proviso as in Madras. [Kerala].-(i) In clause (b) for "date of such proclamation" read "date of the proclamation"; (ii) Insert the following provisos after clause (b): "Provided that, when several items of properties are sold separately, the sale of one or more of such items may be set aside on depositing in Court the amount of the purchase money for the items the sale of which is sought to be set aside and a sum equal to five per cent. of that amount, and the balance, if any, of the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered still remains unrealised: Provided further that where the immovable property sold is liable to discharge a portion of the decree debt, the payment under clause (b) of this sub-rule need not exceed such amount as under the decree the owner of the property sold is liable to pay." [Madras].-In sub-rule (1), for the words "any person, either owning... before such sale" substitute the words "the judgment-debtor or any person deriving title from the judgment-debtor or any person holding an interest in the property". At the end of sub-rule (1), insert the following proviso: "Provided that where the immovable property sold is liable to discharge a portion of the decree-debt, the payment under clause (b) of this sub-rule need not exceed such amount as under the decree the owner of the property sold is liable to pay."