(1) Persons employed in serving notices or other processes under these rules shall be enti t led to bhatta at such rates as may from time to t ime be fixed by the Registrar.
79
(2) Where the cost and charges incurred in connection with attachment and sale of movable property or the attachment and sale or sale without at tachment of immovable property under these rules exceeds the amount of the cost deposited by the decree -holder, such excess shall be deducted from the sale proceeds of the property sold or the moneys paid by the judgment-debtor, as the case may be, and the balance shall be made available to the decree-holder.
(3) Every person making a payment towards any money due for the recovery of which application has been made under these rules shall be enti t led to receipt for the amount signed by the Sale Officer or other officer empowered by the Recovery Officer in that behalf; such receipt shall state the name of the person making the payment and the subject -matter in respect of which the payment is made.
68-A. Bhatta, costs and receipts for payments made for lease. —(1) Persons employed in serving notices or other processes under these rules shall be enti t led to bhatta at such rates as may, from time to t ime, be fixed by the Registrar.
(2) Where the cost and charges incurred in connection with attachment and transfer of movable property the attachment and transfer or transfer without at tachment of immovable property under these rules exceeds the amount of the cost deposited, by the decree -holder, such excess shall be deducted from the lease proceeds of the property transferred or the money paid by the judgment -debtor, as the case may be, and the balance shall be made available to decree -holder.
(3) Every person making a payment towards any money due for the recovery of which application has been made under these rules, shall be enti tled to a receipt for the amount signed by the Sale Officer or other officer empowered by the Recovery Officer in that beh alf , such receipt shall state the name of the person making the payment and the subject -matter in respect of which the payment is made.
69. Investigation of claims to property attached. —(1) Where any claim is preferred to, or any objection is made to the a ttachment of any property attached under these rules on the ground that such property is not l iable to such attachment, the Sale Officer shall investigate the claim or objection and make an order either rejecting the claim or objection and dispose i t of on merits:
Provided that the Sale Officer may refuse to investigate the claim or objection if he considers that the claim or objection is frivolous.
(2) Where the property to which the claim or objection relates has been advertised for sale, the Sale Offic er may postpone the sale pending the investigation of the claim or objection.
80
(3) Where a claim or an objection is preferred, the party against whom an order is made may insti tute a suit within six months from the date of the order to establish the right which he claims to the property in dispute, but subject to the result of such suit , i f any, the order shall be conclusive.
69-A. Investigation of claims to property attached for transfer by lease.—(1) Where any claim is preferred to or any objection is mad e to the attachment of any property attached under these rules on the ground that such property is not l iable to such attachment, the Sale Officer shall investigate the claim or objection and make an order either rejecting the claim or objection and dispose i t of on merits :
Provided that the Sale Officer may refuse to investigate claim or objection if he considers that the claim or objection is frivolous.
(2) Where the property, to which the claim or objection relates has been advertised for transfer by l ease, the Sale Officer may postpone the transfer by lease pending the investigation of the claim or objection.
(3) Where a claim or an objection is preferred, the party against whom an order is made may insti tute a suit within six months from the date of the order to establish the right which he claims to the property in dispute, but subject to the result of such suit , i f any, the order shall be conclusive.
70. Loss caused by resale due to default by purchaser at f irst sale.—(1) Any deficiency of price which may arise on a resale held under clause (k) of Rule 64 or under clause (g) or ( j) of sub -rule (2) of Rule 66 by reason of the purchaser‟s default , and all expenses attending such resale shall be cert if ied by the Sale Officer to the Recover y Officer and shall , at the instance of ei ther the decree -holder or the judgment -debtor, be recoverable from the default ing purchaser. The costs, i f any, incidental to such recovery shall also be borne by the default ing purchaser.
(2) Where the property may on the second sale, sell for a higher price than at f irst sale, the default ing purchaser at the first sale, shall have no claim to the difference or increase.
70-A. Loss caused by release due to default of losses at f irst transfer by lease.—( 1) Any deficiency of price which may arise on a resale held under clause (k) of Rule 64 or reauction for lease under clause (g) or ( j ) of sub-rule (2) of Rule 66-A by reason of the lessee‟s default and all expenses attending such retransfer by lease shall be cert if ied by the Sale Officer to the Recovery Officer and shall at the instance of ei ther the decree -holder or the judgment-debtor, he recoverable from the default ing lessee. The cost , if any, incidental to such recovery shall also be borne by the default ing lessee.
(2) Where the property may on the second auction for lease fetch a higher price than first auction for lease, the default ing lessee at the first auction shall have no claim to difference or increase.
81