Sale and purchaser's title

(1) Where property is sold in execution of a certificate there shall vest in the purchaser merely the right, title and interest of the certificate-debtor at the time of the sale, even though the property itself be specified. (2) Where immovable property is sold in execution of a certificate, and such sale has become absolute, the purchaser's right, title and interest shall be deemed to have vested in him from the time when the property is sold, and not from the time when the sale becomes absolute. (3) Notwithstanding anything contained in sub-section (1), in areas in which Chapter XVI of the Orissa Tenancy Act, 1913, is in force, where a tenure or holding is sold in execution of a certificate for arrears of rent due in respect thereof, the tenure or holding shall, subject to the provisions of section 26 of the said Act, pass to the purchaser, subject to the interests defined in the said Chapter as "protected interests" but with power to annul the interests defined in the said Chapter as "incumbrances": Provided as follows:— (i) a registered and notified incumbrance within the meaning of the said Chapter shall be so annulled except in the case mentioned therein; and (ii) the power to annul shall be exercisable only in the manner directed under that Chapter. (4) Where the certificate-holder is a co-sharer landlord and the certificate is for his share of the rent only, the provisions of sub-section (3) shall not apply. (1) Where any immovable property, or any movable property exceeding twenty rupees in value, is ordered to be sold by public auction, the Certificate Officer shall cause a proclamation of the intended sale to be made in the language of the courts of the district. (2) Such proclamation shall be drawn up after notice to the certificate-debtor and shall state the time and place of sale, and shall specify, as fairly and accurately as possible—(a) the property to be sold; (b) where the property to be sold is an interest in an estate or in part of an estate paying revenue to the Government, the revenue assessed upon the estate or part of the estate; (c) the amount for the recovery of which the sale is ordered; and (d) every other thing which the Certificate Officer considers it material for a purchaser to know in order to judge of the nature and value of the property. (3) Where a tenure, or a raiyati holding at fixed rates situated in an area in which Chapter XVI of the Orissa Tenancy Act, 1913, is in force, is to be sold in execution of a certificate for arrears of rent due in respect thereof, the said proclamation shall also state that the tenure or holding will first be put up to auction subject to registered and notified encumbrances, and will be sold subject to those encumbrances if the sum bid is sufficient to liquidate the amount specified in the certificate and costs, and that otherwise it will, if the certificate-holder so desires, be sold on a subsequent day, of which due notice will be given, with power to annul all encumbrances. (4) Where an occupancy holding, situated in an area in which Chapter XVI of the Orissa Tenancy Act, 1913, is in force is to be sold in execution of a certificate for arrears of rent due in respect thereof, the said proclamation shall also state that the holding will be sold with power to annul all encumbrances. (5) Where the certificate-holder is a co-sharer landlord and the certificate is for his share of the rent only, the provisions of sub-rules (3) and (4) shall not apply. (6) For the purpose of ascertaining the matters to be specified in the proclamation, the Certificate Officer may summon any person whom he thinks necessary to summon, and may examine him in respect to any such matters and require him to produce any document in his possession or power relating thereto.