Effect of sale on encumbrances

Effect of sale on encumbrances.-

1. (1) Land sold under the last foregoing section shall be sold free of all encumbrances ; and all grants and contracts previously made by any person other than the purchaser in respect of the land shall become void as against the purchaser at the sale.
2. (2) Nothing in sub-section (1) shall affect-
   • (a) a tenant's right of occupancy, unless the right was created by the defaulter himself ; or
   • (b) any lease at a fair rent, temporary, or perpetual for the erection of a dwelling house or manufactory, or for a mine, garden, tank, canal, place of worship or burial ground, so long as the land continued to be used for the purpose specified in the lease ; or
   • (c) any encumbrance, grant, contract, or right of occupancy specially saved by order of the 2[Divisional Commissioner] and proclaimed as hereinafter provided.