SCHEDULE – I [See Section 103 (4)]

1. Application to set aside sale :– (1) When immovable property has been sold by the Registrar under Clause (c) of Sub-Section (1) of Section 103, any person owing such property or holding an interest therein or when the property sold has been mortgaged to the State Co-operative Agricultural and Rural Development Bank or a Co-operative Agricultural and Rural Development Bank, any person entitled to a notice under Section 91, may, within thirty days of the date of the sale, apply to the Registrar to have the sale set aside on his depositing with him :– (a) for payment to the purchaser as compensation a sum equal to five per centum of the purchase money; (b) for payment to the State Government, the Society, the State Co-operative Agricultural and Rural Development Bank or the Co-operative Agricultural and Rural Development Bank or the liquidator in consequence of whose application the sale was held, the amount specified in the proclamation of sale for the recovery of which the sale was ordered to be held together with interest thereon and the expenses of attachment, if any, and sale and other costs due, in respect of such amount less any amount which may since the date of such proclamation have been received by the State Government, the Society, the State Co-operative Agricultural and Rural Development Bank, the Co-operative Agricultural and Rural Development Bank or the liquidator, as the case may be. (2) At any time within thirty days from the date of sale of immovable property, under Section 103 the Society, the State Co-operative Agricultural and Rural Development Bank the Co-operatrive Agricultural and Rural Development Bank or the liquidator at whose instance the sale was held, or any person entitled to share in ratable distribution of assets or whose interests are affected by the sale, apply to the Registrar to set aside the sale on the ground of a material irregularity or mistake or fraud in publishing or conducting it: Provided that no sale shall be set aside on the ground of irregularity, mistake or fraud, unless, upon the facts proved, the Registrar is satisfied that the applicant has sustained substantial injury by reason of such irregularity, mistake or fraud. (3) The purchaser at any such sale may also, within the period of thirty days from the date of sale, apply to the Registrar to set aside the sale, on the ground that the person from whom the sum is recoverable under the award, person whose property was sold or to his successor-in-interest. (2) All payments of such residue made in accordance with Sub-Paragraph (1) shall be valid and effectual against any demand relating thereto, made by any person upon the Auditor-General or the Society, the State Co-operative Agricultural and Rural Development Bank or the Co-operative Agricultural and Rural Development Bank or the liquidator, as the case may be, in consequence on whose application the sale was held. 5. Certificate of sale :– (1) When the sale is confirmed under Paragraph 2, the Registrar shall on application grant a certificate in the prescribed form specifying who, at the time of the sale, is declared to be the purchaser and such certificate shall bear the date on which the sale was made absolute. (2) The Registrar shall send a copy of every certificate granted under Sub-Paragraph (1) to the registering officer appointed under the Indian Registration Act, 1908 (16 of 1908), within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situated and notwithstanding anything contained in the said Act, such registering officer shall enter the contents of such copy in his register of non-testamentary documents relating to immovable property. (3) Notwithstanding anything contained in the Orissa Tenancy Act, 1913 (Bihar and Orissa Act 2 of 1913), the purchaser of any immovable property, sold under Section 103 shall, if the property sold or any portion of it is an occupancy holding or part of an occupancy holding to which the said Act applies, file along with his application for grant of certificate under Sub-Paragraph (1) a notice giving particulars of the transfer in the forms prescribed under the said Act and deposit the fee as prescribed therein for the service of it and the Registrar shall thereupon transmit the notice to the Collector who shall cause it to be served on the landlord in the manner prescribed under the said Act. 6. Delivery of property to purchaser :– (1) When the immovable property sold is in the occupancy of the persons, whose right, title and interest in the property have been sold, or of some person on behalf of such person or mortgagor, or of some person claiming under a title created by such person subsequently to the attachment of such property other than a lease for a period not exceeding five years created by the mortgagor subsequent to the mortgage in favour of the State Co-operative Agricultural and Rural Development Bank or the Co-operative Agricultural and Rural Development Bank as the case may be, and a certificate in respect thereof has been granted under Paragraph 5, the Registrar granting the certificates shall on the application of the purchaser or 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 and if need be, removing any person who refuses to vacate the same. (2) Where the property sold is in the occupancy of a tenant or other