(1) When a property has been sold unde'r this Chapter, any person having a ..
144 ~ight or interest therem affected by the sale may, at any time wi~hin thirty da.ys from the date of the sale, apply to the sale officer concerned to have tht: sale Stt aside on h1s depos1tmg vnth the sale officer- - 1 (a) for payment to the Agricultural Development Bank or the primary bank, as the 'case rna¥ be, the amount ~pecified m the proclamatiOn ot sale together w1lh subsequent mtetest and the costs, If aiJ.y, mcurred by the bank m brmgmg the property to sale; and
(b) for payment to the purchaser a sum equal to five per cent of the purchase money. . .
(2) If such depos1t is made, the sale officer· may make an order settmg as1de the sale.
(3) Where no applicatiOn with deposit is made under sub section (1) or where such applicatiOn IS made and di:;allowed, the sale officer may apply to the Registrar or any other officer empowered by him in this regard to make an order confirmmg the sale anci, on the Registrar or such officer confirmmg the sale, 1t <Jhall become absolute and the property 5hall be' deemed to have vested m the purchaser from the •t1me the property Is sold.
2~. Distnbution , f sale proceed..~.-(1) The pr<..eeds of ever) sale undeJt this Chapter :;hall be applied by .the sale of.1cer first w payment ot all cosL!", charges and expenses properly lllCurred by hlm as dncidental to the sale or any 8-ttempted sale; secondly, m payment of all interest due on account of the Gehan c.r mortgage or hypothecatiOn m ccnsequence whereof the properly was sold;
thirdly, m payment of the prmc1pal money due on accoLmt of .the Gehan or mortgage, or hypothecatiOn; and lastly, the: res1due, If any, shall be pa1d to t!1e person provmg h1mself mterested m the property sold or, .1f there are rpore such persons than OJ!e, then to such persons, a~cordmg to the1r respective mte~est ther.~m or upon their Jo.mt rece1pt.
• (2) Any person dissatisfied w1th the dec1s1on 'of the sale officer in regard to the distribution of such residue may, withm thirty days of the commumcatwn to h1m of such deCH>'<m, mstitute a smt m a court to establish the right he claufls. • . (3) The sale officer shall nol 'distribute such 1 c.:s1due until thirtY' days have elapsed from the dat~ of commumca~ion of his decisiOn to all the persons concerned, or, If a smt has bccu .mst1tuted within the said periOd of thirty days by any such person and due notice thereof IS given to hmi before the payment, unt" the smt is • disposed of or otherwise than m acco_rdance with the decision of the court thereon.
I I ~' '- 145
(4) Any deficit occurring aiter the sale of the property may also be recovered m the manner provided m th1s Chapter from any other assets of the person who created the Gehan or executed the mortgage or hypothecatw.n.
Explanatwn.-In th1s secuon, "court" means the C1y1l court havmg Junsdictwn to entertam a smt to enforce tr.c Gehan or mortgage "or hypothecatwn and w1thm the hmits of whose juris diction the property sold 1s situate.
23. Certtficate to purchaser -Where a sale of pr•,1perty has become absolute and the sale proceeds have been recen·ed m full by the sale officer, he shall grant a certificate to the purchaser in the prescribed form spec1fymg the property sold, the sal(: pnce, the date of the sale, the name of the person who at the t1me of the sale IS declared to be purchaser, and the date on. which the sale became absolute, and upon the productiOn of such certificate the Sub Registrar withm whose JUriSdiCtiOn the whole or ~ny part of the property specified m the certificate 1s situate, shil.li enter the contents of such certificate m his register relatmg to Immovable property.
. 24. Dehvery of property fo pw·chaser.-(1) Where the pro perty sold 1s m the occupancy of the person who created the Gehan or executed the mortgage or hypothecatiOn, as the case may be or of some person on h1s behalf or Df some person claimmg under a title, other than a lease, created by the person who created the Gehan or executed the mortgage or hypothecatiOn subsequent to the Gehan or mortgage or hypothecatiOn m favour (Jf the Agri cultural Development Bank or the primary bank, as Lhe case may be, and a certificate in respect thereof has been gr,wted under sectwn 23, the Registrar shall, on the apphcatwn of the purchaser, order delivery to be made by puttmg such purchaser 01, any person appomted by the purchaser to receive delivery on hJs behalf, in possess10n of the property
(2) Where the property sold Is m the occupancy of a tenant or other person entitled to occupy the same and a certificate m respect thereof has "been granted under sectwn 23, the Registrar shall, on the apphcat1~m of the purchaser and aiter givmg notice ' to such tenant or other person, order, dehvefy to be madf' by affixmg a copy of the certificate of sale m some conspicuous vJace on the property and procl,ummg to the occupant by beat of dmm or other customary mode at some convement place that the mt.E:rest of the person who created the Gehan or executed the mortgage ur hypothe catwn has been transferred to the ,purchaser.
34!3258J85[MC f 146
(3) The prov1sion£> of rules 97 to 103 of Order AX! of the First Schedule to the Code of Civil Procedure, 1908 (Central Act 5 of 1908), shall mutatts mutandis) apply to the cases dealt with m sub-sections (1) and (2). •