Subject to the first Proviso to sub-section (1) of Section 208, the purchaser of a tenure or holding or portion thereof, as the case may be, shall acquire it free of all encumbrances which may have accrued thereon by any act of the holder or his representative-in-interest, unless the right of making such encumbrances shall have been expressly vested in the holder by the written engagement, if any, under which the tenure or holding was created or by the subsequent written authority of the person, who created it or his representatives-in-interest:
Provided that nothing herein contained shall be held to entitle the purchaser to eject 'khudkaph 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-in-charge, except it be proved, in a regular 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.
Nothing in this Section shall be held to apply to the purchase of a tenure by the previous holder thereof, through whose default the tenure was brought to sale.]
209. Disposal of proceeds of sale under Section 208 - (1) In disposing of the proceeds of the sale of a tenure or holding under Section 208, the following procedure shall be observed, that is to say,-
(a) there shall be paid to the decree-holder the costs incurred by him in bringing the tenure or holding to sale;
(b) there shall, in the next place, be paid to the decree-holder the amount due to him under the decree in execution of which the sale was made;
(c) if there remains a balance after those sums have been paid, there shall be paid to the decree-holder therefrom any rent which may have accrued due to him in respect of the tenure or holding between the institution of the suit and the date of the sale; and
(d) The balance (if any) remaining after the payment of rent referred to in clause (c) shall, upon the expiration of two months from the [date] of the sale, be paid to the judgement-debtor upon his application;
Provided that where a tenure or holding has been sold in execution of a decree obtained by one or more co-sharer landlords in a suit instituted under clause (b) of Section 142,-
(i) payment of the amount due under such decree shall, notwithstanding anything contained in clause (b) of this Section be made to the decree-holder and to other cosharer landlords in proportion to the amount found to be due to each, and
(ii) if there remains balance, payment of any rent which may have accrued due in respect of the tenure or holding between the institution of the suit and the date of the sale shall, notwithstanding anything contained in clause (c) but subject to the determination in the manner and with effect mentioned in sub-section (2) of any dispute as to their respective rights to receive such rent, be made to the said decree-holder and other co-sharer landlords in proportion to their respective shares in the tenure or holding.
(2) If the judgement-debtor disputes the decree-holder's right to receive any sum on account of rent under clause (e) the Deputy Commissioner shall determine the dispute and the determination shall have the force of decree.
210. Sale of other property in execution of decree for arrears of rent of tenure or holding - (1) If, after the sale of a tenure or holding in pursuance of Section 208, any portion of the decree amount remains due [or if the tenure or holding or portion thereof cannot be sold under that Section by reason of the decree not being a decree for an arrear of rent] process may be applied for against any other property, movable or immovable, belonging to the judgement-debtor.
[Provided that nothing in this Section shall be deemed to authorise the arrest of detention in the civil prison of the judgement-debtor.]
(2) Notwithstanding anything contained in sub-section (1) [when the Deputy Commissioner passes a decree for an arrear of rent due in respect of a tenure, the decree-holder may], with the permission of the Deputy Commissioner, granted for reasons to be recorded in writing proceed against any other property, movable or immovable, of the judgement-debtor, without first making application for the sale of the tenure [* * *] in respect of which the arrear has accrued.
(3) Property referred to in sub-sections (1) and (2) may be brought to sale,-
(a) if movable, in the manner provided in Sections 199 to 205, and [(b) if immovable, in the manner provided by Order XXI, Rules 11(3), 13, 14, 54 (with which shall be read Section 64 of the said Code, 55, 58, to 73 inclusive, 83 to 88 inclusive and 91 to 103 inclusive of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) the words and figures 'Rule 89 and 'Rule 90' occurring in Rule 92 being understood as Section 212, sub-section (1) and Section 213, sub-section (1), respectively of this Act.
Provided that where anything contained in the said provisions is inconsistent with anything contained in Sections 212 to 214 inclusive, the latter shall prevail.]
[(4) When immovable property has been brought to sale in the manner provided by subsection (3)(b) and such sale has become absolute, property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the sale becomes absolute.]
211. Procedure when third party claims to be in lawful possession of tenure or holding - (1) If before the day fixed for the sale of any tenure or holding in pursuance of Section 208 a third party appears before the Deputy Commissioner and alleges that he and not the person against whom the decree has been obtained, was in lawful possession of, or had some interest in the tenure or holding when the decree was obtained.
The Deputy Commissioner shall examine such party according to the law for the time being in force relating to the examination of witnesses, and if he sees sufficient reason for so doing and if such party deposits in Court or gives security for the amount of the decree the Deputy Commissioner shall stay the sale, and, shall after taking evidence adjudicate upon the claim :
Provided that no such adjudication shall be made if the Deputy Commissioner considers that the claim was designedly or unnecessarily delayed :
Provided also that no transfer of a tenure shall be recognised unless it has been registered in the office of the landlord or sufficient cause for non-registration is shown to the satisfaction of the Deputy Commissioner,- [(1-A) (a) If the Deputy Commissioner gives judgement in favour of such third party, the amount of the decree shall be satisfied from the deposit or security aforesaid, and the Deputy Commissioner shall in his judgement set out the portion if any, of the said amount and of his costs in the proceedings which such third party is entitled to recover from each of the other persons having an interest in the tenure or holding, and such sum shall be deemed to be money (not being due or recoverable as an arrear of rent) payable under order of the Deputy Commissioner under this Act;
(b) If the Deputy Commissioner gives judgement against such third party, the sale shall proceed, and such third party shall upon payment of the costs, if any, allowed against him, be entitled to the return of the deposit or cancellation of the security, as the case may be.]
(2) The party against whom judgement is given by the Deputy Commissioner under subsection (1) may, at any time within one year from the date of the judgement, bring a suit in the Civil Court to establish his right [and, if the sale has been held to have it set aside on payment by him of the amount of the decree.]
212. Application to set aside sale of immovable property on deposit of debt and compensation to purchaser - (1) When any immovable property has been sold under this Chapter in execution of decree, any person, who owned such property immediately before the sale, or who claims, an interest therein under a title lawfully acquired before the sale may, at any time within a period of [ninety] days from the date of the sale, apply to have the sale set aside on his depositing in the Court of the Deputy Commissioner,-
(a) for payment to the purchaser-a sum equal to five per centum of the purchasemoney, and
(b) 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 [or] sale have been received by the decree-holder;
Provided that if a person applies under Section 213 to set aside the sale of his immovable property, he shall not be entitled to make an application under this Section.
(2) If the said deposits are made within the said period, the Court shall pass an order setting aside the sale, [and the purchaser shall be entitled to an order for the payment of the aforesaid sum equal to five per centum of the purchase-money and to an order for repayment of his purchase money, with or without interest as the Court may direct against any person to whom it has been paid].
213. Application to set aside sale of immovable property on ground of irregularity or fraud - When any immovable property has been sold under this Chapter in execution of a decree, the decree-holder or the person, who owned such property immediately before the sale may, [at any time within a period of thirty days from the date of sale], apply to the Deputy Commissioner to set aside the sale on the ground of a material irregularity [or fraud] in publishing or conducting it; but no sale shall be set aside on the ground of a irregularity unless the applicant proves to the satisfaction of the Deputy Commissioner that he has sustained substantial injury by reason of such irregularity:
Provided that, if a person applies under Section 212 to set aside the sale of his immovable property, he shall not be entitled to make an application under this Section.
(2) If an application be made under this Section, and if the objection be allowed, the Deputy Commissioner shall pass an order setting aside the sale.
[213A. Sale in execution deemed set aside when rent decree set aside and restoration of status quo ante. - (1) Where a decree for rent is set aside any sale of immovable property in execution of such decree shall be deemed to be set aside, and the Court of first instance shall restore the judgement-debtor to such ownership and if he is not in possession to such possession of the immovable property as he has at the date of the sale and, shall upon the application of any person affected by the sale or the reversal thereof, pass such further orders as will as far as may be, place parties, including the auction purchaser and his successor-in-interest, if any, in the position which they would have occupied but for such decree; and for this purpose, the Court may make any orders, including orders for the refund of costs, for the payment of interest, damages, compensation and mesne profits which are properly consequential on such reversal.
(2) No suit shall be instituted in any Court for the purpose of obtaining any restitution or other relief which could be obtained by application under sub-section (1).]
[214. Grounds on which suit or application to set aside sale may be brought. - No suit or application shall be entertained by any Court to set aside or to modify the effect of,-
(a) any sale made under this Chapter, save under Section 211, Section 212 or Section 213 or on the ground of fraud or want of jurisdiction, or
(b) an order under Section 212, sub-section (2), or Section 213, sub-section (2), setting aside a sale.
Explanation. - Where a property has been sold under the provisions of subsection (3)(b) of Section 210, this Section does not prohibit an application under Rule 72(3) or Rule 91 nor a suit under Rule 63 or Rule 103 of Order XXI of the First Schedule to Code of Civil Procedure, 1908, if such suit is instituted within one year of the date of the adverse order.]
[214A. Sale of a portion of holding. - If the Deputy Commissioner directs the sale of a portion or a holding, the provisions of this Chapter relating to the sale of a holding shall, as far as may be, apply to the sale of such portion.]
Appeals [215. Appeals from orders of Deputy Commissioner. - (1) All orders passed by a Deputy Commissioner in suits tried by him under sub-clause (c) of clause (2) or clause
(7) of Section 139, if the amount sued for, or the value of the property claimed does not exceed one hundred rupees, the judgement of the Deputy Commissioner shall be final and not subject to appeal, unless a question relating to a title to land, or to some interest in land, as between parties having conflicting claims thereto, has been determined by the judgement, in which case the judgement shall be open to an appeal which shall lie to the Judicial Commissioner unless the amount or value in dispute exceeds five thousand rupees in which case the appeal shall lie to the High Court.
(2) When any such suit in which, if tried and decided by a Deputy Commissioner, the judgement of the Deputy Commissioner would be final as tried and decided by a Deputy Collector, an appeal from the judgement of the Deputy Collector shall lie to the Deputy Commissioner unless a question relating to a title to land, or to some interest in land, as between parties having conflicting claims thereto, has been determined by the judgement, in which case the judgement shall be open to appeal to the Judicial Commissioner and to the High Court as provided for in sub-section (1).
(3) In all other suits before the Deputy Commissioner or Deputy Collector under this Act, an appeal from the judgement of the Deputy Commissioner or Deputy Collector shall lie to the Judicial Commissioner, unless the amount or value in dispute exceeds five thousand rupees, in which case the appeal shall lie to the High Court.
(4) All orders passed by a Deputy Commissioner or a Deputy Collector in any suit relating to the trial thereof, shall be appealable to the Court to which an appeal from the decree itself would lie :
Provided that, there shall be no right of appeal against order passed under Section 206, or Section 211, or under Section 212, sub-section (2), setting aside a sale, or under Rule 60, Rule 61 or Rule 62 or Order XXI of the First Schedule to the Code of Civil Procedure, 1908 (V of 1908), and against orders passed under Section 213-A.
(5) All other orders under the provisions of this Act shall be appealable to the Commissioner, if passed by a Deputy Commissioner, and to the Deputy Commissioner or to any officer specially empowered by the [State] Government by notification, to hear such appeals, if passed by an officer exercising powers of a Deputy Commissioner.
(6) The Deputy Commissioner may, at any time, transfer any appeal already filed before him to any officer specially empowered to hear such appeals under subsection (5) or withdraw any appeal pending before any officer so empowered and either hear such appeal himself or transfer it for disposal to any other officer so empowered.
(7) No judgement of a Deputy Commissioner in any suit and no order of a Deputy Commissioner passed in any suit and relating to the trial thereof or after decree and relating to the execution thereof, shall be open to appeal otherwise than as expressly provided for in this Act.]