Purchaser to acquire the tenure or holding with certain exceptions free of encumbrances

Subject to the first Proviso to sub-section (1) of Section 208, the purchaser of a tenure or holding or portion thereof, as the case may be, shall acquire it free of all encumbrances which may have accrued thereon by any act of the holder or his representative-in-interest, unless the right of making such encumbrances shall have been expressly vested in the holder by the written engagement, if any, under which the tenure or holding was created or by the subsequent written authority of the person, who created it or his representatives-in-interest: Provided that nothing herein contained shall be held to entitle the purchaser to eject khudkaph Raiyats or resident and hereditary cultivators, nor to cancel bona fide engagements made with such class of Raiyats or cultivators aforesaid by the late incumbent of the under-tenure or his representatives-in-charge, except it be proved, in a regular suit to be brought by such purchaser for the adjustment of his. rent, that a higher rent would have been demandable at the time such engagements were contracted by his predecessor. Nothing in this Section shall be held to apply to the purchase of a tenure by the previous holder thereof, through whose default the tenure was brought to sale.