Delivery of property to purchaser

(1) Where the mortgaged property sold is in the occupation of the mortgager or of some person on his behalf or of some person claiming under a title other than a lease for a period not exceeding five years created by the mortgager subsequent to the mortgage in favour of the society and a certificate in respect thereof has been granted under section 79, the civil court shall, on the application of the purchaser, order delivery to be made by putting such purchaser, or any person, whom he may appoint to receive delivery on his behalf, in possession of the property. (2) Where the property sold is in the occupation of a tenant or other person entitled to occupy the same and a certificate in respect thereof has been granted under section 79, the civil court shall, on the application of the purchaser, and after notice to such tenant or other person, order delivery to be made by affixing a copy of the certificate of sale in some conspicuous place on the property and proclaiming by beat of drum or other customary mode at some convenient place that the interest of the mortgagor has been transferred to the purchaser. (3) In regard to the cases dealt within sub-sections (1) and (2), the provisions of rules 97 to 103 of Order XXI of the First Schedule to the Code of Civil Procedure 1908, shall, mutatis mutandis, apply.