Sale of tenure or holding in execution of decree for arrears of rent

(1) When a decree passed by the Deputy Commissioner under this Act is for an arrear of rent due in respect of a tenure or holding, the decree-holder may apply for the sale of such tenure or holding, and the tenure or holding may thereupon be brought to sale in execution of the decree, according to the procedure laid down in Sections 208-B to 208-D: Provided firstly that the purchaser of a tenure at any such sale shall not be entitled to annual any lease, right or tenancy referred to in clauses (a) to (f) of Section 14 of this Act: Provided secondly also that, Deputy Commissioner may, by order in any case in which he may consider it desirable so to do,- (a) prohibit the sale of any tenure or portion thereof, or (b) stay any such sale for any period specified in the order. Provided thirdly that any sale of a resumable tenure under this Section shall not affect the right of the grantor or his successor in title to resume such tenure but shall be made subject to such right: Provided fourthly that, when the holding of an aboriginal Raiyat or of a Raiyat, who is a member of a scheduled caste is sold, such land shall be sold to the highest bidder, Provided secondly also that, Deputy Commissioner may, by order in any case in which he may consider it desirable so to do,- (a) prohibit the sale of any tenure or portion thereof, or (b) stay any such sale for any period specified in the order. Provided thirdly that any sale of a resumable tenure under this Section shall not affect the right of the grantor or his successor in title to resume such tenure but shall be made subject to such right: Provided fourthly that, when the holding of an aboriginal Raiyat or of a Raiyat, who is a member of a scheduled caste is sold, such land shall be sold to the highest bidder, who is an aboriginal or a member of a scheduled caste, as the case may be and shall not be sold to any person other than an aboriginal or a member of a scheduled caste unless no aboriginal or member of a scheduled caste bids for such land an amount which is not less than the amount specified in the proclamation of sale. (1-A) Notwithstanding anything to the contrary contained in sub-section (1) or in any other provision of this Act, or in any other law, where a decree-holder applies for the sale of an occupancy holding, only that portion of such holding shall be sold, the proceeds of the sale of which will be sufficient to satisfy the sale or satisfy the amount due under the decree, and such portion shall not be sold at a price lower than the price specified in the proclamation of sale; and the Deputy Commissioner shall, before putting up any such portion of a holding for sale estimate the value of the whole holding and that portion of the holding the proceeds of the sale or which he considers will be sufficient to satisfy the decree and shall specify the price of such portion in the sale proclamation : Provided firstly that if the decree-holder specifies which portion of the holding should be sold, the Deputy Commissioner shall order that such portion or so much of such portion as may be seem to him necessary to satisfy the decree shall be sold and proceeds paid as provided in this Section. Provided secondly that if there is any encumbrance on any portion of such holding the Deputy Commissioner shall not order such portion to be sold unless in his opinion the decree cannot be satisfied without the sale of such portion: Provided thirdly that if the highest amount bid for the property included in the sale proclamation is less than the price specified for such property in the proclamation, the Deputy Commissioner may sell the property for such highest amount, if the decree- holder consents in writing to forego so much of the amount decreed as is equal to the difference between the highest amount bid and the price specified for such property in the sale proclamation : Provided fourthly that if the highest bid for such land is less than the amount specified in the proclamation of sale, the decree-holder shall be bound to bid up to that amount and purchase the portion of the holding included in the sale proclamation. (2) When a warrant of execution has been issued under this Chapter against the person or movable property of the judgement-debtor, no application shall be received under sub-section (1) while such warrant remains in force. (3) Nothing in this Section shall authorise the sale of a tenure or holding or portion thereof except in execution of a decree for an arrear of rent. (c) if there remains a balance after those sums have been paid, there shall be paid to the decree-holder therefrom any rent which may have accrued due to him in respect of the tenure or holding between the institution of the suit and the date of the sale; and (d) The balance (if any) remaining after the payment of rent referred to in clause (c) shall, upon the expiration of two months from the date of the sale, be paid to the judgement-debtor upon his application; Provided that where a tenure or holding has been sold in execution of a decree obtained by one or more co-sharer landlords in a suit instituted under clause (b) of Section 142,- (i) payment of the amount due under such decree shall, notwithstanding anything contained in clause (b) of this Section be made to the decree-holder and to other co-sharer landlords in proportion to the amount found to be due to each, and (ii) if there remains balance, payment of any rent which may have accrued due in respect of the tenure or holding between the institution of the suit and the date of the sale shall, notwithstanding anything contained in clause (c) but subject to the determination in the manner and with effect mentioned in sub-section (2) of any dispute as to their respective rights to receive such rent, be made to the said decree-holder and other co-sharer landlords in proportion to their respective shares in the tenure or holding. (2) If the judgement-debtor disputes the decree-holder's right to receive any sum on account of rent under clause (e) the Deputy Commissioner shall determine the dispute and the determination shall have the force of decree.