Innes and Muttusami Ayyar, JJ.
1. We think the District Judge has placed a right construction on Sections 36, 371 and 382 of Madras Act II of 1864. If the balance of purchase money be not paid within the time prescribed, it is in the discretion of the Government to forfeit the deposit money, i.e, as it is expressed, the money deposited shall be liable to forfeiture. In the fourth paragraph of Section 36 the imperative force of the words 'shall be re-sold' must be referred to the words which follow 'at the expense and hazard of such purchaser,' the meaning being that, if the deposit money be forfeited and the land re-sold, the resale shall be at the risk and hazard of the first purchaser. It cannot have been intended to deprive the Government of an election to give credit to the person to whom the property is knocked down and to compel the Government in every case to proceed to a re-sale even where there may be no risk of eventual failure of payment.
2. We must dismiss the second appeal with costs.
1 Tender of arrears up to sunset on day previous to sale.
[Section 37 : It shall be competent to the defaulter or to any person acting on his behalf, or claiming an interest in the land, to tender the full amount of the arrears of revenue with the interest thereon, and all charges which have been incurred in demanding the arrears or in attaching or managing the estate, or in taking the steps necessary for sale, and thereupon the sale shall be stayed : Provided always that such tender must be made before sunset on the day previous to that appointed for the sale and all sums so paid by any tenant or bona fide mortgagee, or other incumbrancer, may be recovered in the manner provided in Section 35.]
2 Purchaser to be registered
Effects of certificate.
[Section 38 : Lands purchased at a public sale shall be registered in the name of the actual purchaser, who shall receive a certificate of sale signed and sealed by the Collector, which shall be conclusive evidence of the fact of the purchase in all Courts and tribunals where it may be material to establish the same, and no proof of the Collector's seal or signature shall be necessary, unless the authority before whom it is produced shall have reason to doubt its genuineness.]