Chapter XVI. Judicial Procedure in Matters Cognizable
by the Deputy Commissioner
Sale of tenure or holding in execution of decree for arrears of rent: (B)
· The party who shall be declared to be the purchaser shall be required to deposit immediately, in cash, 25% of the amount of his bid; and, in default of such deposit, the under-tenure shall be put again and sold forthwith, or on the next ensuing office day.
· The full-amount of the purchase-money shall be made good by the purchaser before sunset of the 8th day from that on which the sale of the under-tenure took place, reckoning that day as one of the 8th; or, if the 8th day be a Sunday or other close holiday, then on the first office day after the 8th day: and, in default of payment within the prescribed period as aforesaid, the deposit shall be forfeited to the Government, and the under-tenure shall be resold, and the defaulting purchaser shall forfeit all claims thereto or to any part of the sum for which the said under-tenure may be subsequently sold.
If the proceeds of the sale which may be eventually completed to be less than the price bid by the defaulting purchaser, the difference shall be leviable from him under the law for enforcing the payment of money in satisfaction of a decree for arrears of rent.
· The provisions of all the sections of this Act with regard to sales shall also be applicable to all re-sales under this Act which may be rendered necessary by the default of any purchaser.
· When the purchase-money shall have been paid in full, the officer holding the sale shall give the purchaser a certificate in the form prescribed in the schedule annexed to this Act; and shall further, on the purchaser making application and depositing the requisite costs, depute an officer or Amin to put him in possession of the under-tenure in the customary manner, and to publish the fact of the purchase to the cultivators of the lands comprised therein.
· The purchaser of an under-tenure sold under the Act shall acquire it free from all encumbrances which may have accrued thereon by any act of any holder of the said under-tenure, his representatives or assignees, unless the right of making such encumbrances shall have been expressly vested in the holder by the written engagement under which the under-tenure was created or by the subsequent written authority of the person who created it, his representatives or assignees.
Provided that nothing herein contained shall be held to entitle the purchaser to eject Kudhkast Raiyats or resident and hereditary cultivators, nor to cancel bona-fide engagements made with such class of Raiyats or cultivators aforesaid by the late incumbent of the under-tenure or his representatives except it be proved, in aregular suit, to be brought by such purchaser for the adjustment of his rent that a higher rent would have been demandable at the time such engagements were contracted by his predecessor.
A Mundari Khuntkattidar is neither a tenure-holder nor a Raiyat.