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Section 16: Certificate to purchaser

The Kerala Co-operative Land Mortgage Banks Act, 1960 (President's Act No.1 of 1960)State Act of Kerala · Act 1 of 1960

Where a sale of mortg 1ged property has berome absolute, the sale officer shall gr:..nt a certificate specifying the property sold and the name of the H-21lS 10 person who at .the,ttme of the sale is declared ·to•be the, pur­ chaser. Such cert1ficate shall bear the date on whtch the ~ale became .absolute.

•17. ·Delivery of property to purchaser.- (1) Whete the mortgaged property sold 1s m the occupancy of the mortgagor or of some. person on hts behalf or .of•some person claiming under a title, other than a lease, created by •the mortgagor subsequent to the mortgage m favour of the Central •Mortgage Ba'nk or ,pnmary mortgage bank, as the case .may be. ,and a certtficat~ 1n respect tile 1 eof has been granted under section 16, the t:ourt shall, on the application of . th? purchaser, order, deli­ very to be made by putting su:.:h purchaser or any person ,whom he maY appoint to receive dehvery on Ius behalf,' m p:>ssession of the property.

(2) Where the property sold is in the occupancy of a tenant or other1person entttled to occupy the same and a certificate in respect thereof has . been granted under ,sect on 16, the court shclll, on the applicatiun of the.purchaser, and after givtng notrce to such tenant or other person, order dehvery to be .maderby affixmg a copy of the certtficate of sale m some ,conspicuous place (Jn the pr,..perty and proclatmmg 1 o the occupant by beat oi drum or other cu:>tomary nsode .at some c:->nvement place that·the interest of the mortgagor has been transfer1·ed to the purchaser.

(3) 'The provistom of rules 97 to 103 of Order XXI of ·the First Schedule to the· Code of Ctvd Procedure, 1908 (5 of 1908), shall mutatis mutandts, apply to the cases _dealt with•m sub-.

sections (1) and (2).

Where this provision sits

ActThe Kerala Co-operative Land Mortgage Banks Act, 1960 (President's Act No.1 of 1960)
Section16
Marginal noteCertificate to purchaser
JurisdictionState of Kerala
StatusIn force as published by the source

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