Procedure to be followed in bringing to sale tenure or holding or portion thereof in execution of rent decree

Where a tenure or holding or a portion thereof is sold in execution of a decree for an arrear of rent, the following procedure shall be observed, namely:-(a) The Court holding the sale shall cause to be hung up in its own Court and in that of the Deputy Commissioner of the District in which the land comprised in the tenure of holding to be sold is situated, and to be affixed on some conspicuous place on the land in the town or village in or nearest to which the said land is situated a notice for the sale of the said tenure or holding on some fixed date not less than twenty days from the hanging up of the said notice in the Court in which the decree is in course of execution. (b) The said notice shall specify, in the words used in the plaint in the suit in which the decree was made the name of the village, estate and pargana, or other local division in which the land comprised in the said tenure or holding is situated, the yearly rent payable and the gross amount recoverable under the said decree. (c) If the sum due under the decree together with interest to date of payment and all costs of processes, be paid into Court at any time before the sale commences, whether by the defaulting holder of the tenure or holding, or any one on his behalf, or any one interested in the protection of the tenure or holding, as the case may be, such sale shall not take place. (d) The tenure or holding or part thereof shall be sold to the highest bidder in open Court. (e) The party, who shall be declared to be the purchaser, shall be required to deposit immediately, in cash or Government currency notes, twenty-five percentum of the amount of his bid; and in default of such deposit, the tenure or holding or part thereof as the case may be, shall be put up again and sold forthwith, or on the next ensuing office day: Provided that if the purchaser be the decree-holder, he shall be entitled to a set-off of his decretal amount against the amount of his bid. (f) The full amount of the purchase money shall be made good by the purchaser before sunset of the eight days from that on which the sale took place, reckoning that day as one of the eight days; or if the eight days be a Sunday or other closed holiday then on the first office day after the eighth day; and in default of payment within the prescribed period as aforesaid, the deposit shall be forfeited to the Government, and the tenure or holding or part thereof, as the case may be, shall be resold; and the defaulting purchaser shall forfeit all claims thereto or to any part of the sum for which the tenure or the holding or part thereof, as the case may be subsequently sold : Provided that if the proceeds of the sale which may be eventually completed be less than the price bid by the defaulting purchaser, the difference shall be leviable from him under the law for enforcing the payment of money in satisfaction of a money decree for arrears of rent. (g) The provisions with regard to sales shall also be applicable to all re-sales under this Section which may be rendered necessary by the default of any purchaser.