Sale of tenure or holding at fixed rates, subject to registered and notified encumbrances

(1) When a tenure or a holding at fixed rates, situated in an area in which Chapter XIV of the Bengal Tenancy Act, 1885 (VIII of 1885), is in force, has been advertised under rule 46 for sale in execution of a certificate for arrears of rent due in respect thereof, it shall be put up to auction subject to registered and notified encumbrances; and, if the bidding reaches a sum sufficient to liquidate the amount of the certificate and the costs of the sale, the tenure or holding shall be sold subject to such encumbrances. (2) The purchase at such sale may, in manner provided by section 167 of the Bengal Tenancy Act, 1885, and not otherwise annul any encumbrance upon the tenure or holding, not being a registered and notified encumbrance.