Section 135 in The Delhi Co-operative Societies Rules, 2007
135. Procedure in attachment and sale of Immovable Property.
- In the attachment and sale or sale without attachment of immovable property, the following procedure shall be followed; -(a)The application submitted under rule 129 shall contain a description of the immovable property to be proceeded against, sufficient for its identification and in case such property can be identified by boundaries or numbers in record of settlement or survey, the specification of such boundaries or numbers in record of settlement or survey, the specification of such boundaries or numbers and the specification of the judgment debtor's share or interest in such property to the best of the belief of the decree-holder and so far as he has been able to ascertain it.(b)The demand notice issued by the Recovery Officer under sub-rule (5) of rule 129 shall contain the name of the judgment debtor, the amount due including the expenses, if any, and the time allowed for payment and in case of non-payment, the particulars of the properties to be attached and sold or to be sold without attachment as the case may be. After receiving the demand notice, the Recovery Officer shall serve or cause to be served a copy of the demand notice Upon the defaulter or upon some adult male/female member of his family at his usual place of residence, or upon his authorised agent, or if such personal service is not possible shall fix a copy thereof on some conspicuous part of last known residence or on some conspicuous part of the immovable property about to be attached and sold or sold without attachment, as the case may be:Provided that where the Recovery Officer is satisfied that judgment debtor with intent to defeat or delay the execution proceedings against him is about to dispose off the whole or any part of his property, the demand notice issued by the Recovery Officer under sub-rule (5) of rule 129 shall not allow any time to the defaulter for the payment of the amount due by him and the property of the defaulter shall be attached forthwith.(c)If the judgment debtor fails to pay the amount specified in the demand notice within the time allowed, the Recovery Officer shall proceed to attach and sell or sell without attachment, as the case may be the immovable property noted in the application for execution in the manner hereinafter specified.(d)In case the attachment is required before sale, the Recovery Officer shall, if practicable, cause a notice of attachment to be served on the judgment debtor personally. In case the personal service is not, practicable the notice shall be affixed in some conspicuous part of the judgment debtor last known residence, if any. The fact of attachment shall also be proclaimed by beat of drum or other customary mode at some place on or adjacent to such property and at such other place, or places as the Recovery Officer may consider necessary to give due publicity to the sale. The attachment notice shall set forth that unless the amount due with interest and expenses to be paid within the date therein mentioned, the property will be brought to sale. A copy of the notice shall be sent to the decree-holder. If the Recovery Officer so direct, the attachment may also be notified by public proclamation in a local newspaper.(e)Proclamation of sale shall be published by affixing a notice in the office of the Recovery Officer at least thirty days before the date fixed for the sale. Such proclamation shall state the decree-holder and the judgment debtor, the time and place of sale and also shall specify as fairly and accurately as possible:-(a)the property to be sold;(b)any encumbrance to which the property is liable;(c)the amount for the recovery of which the sale is ordered; and(d)every other matter which the Recovery Officer considers material for a purchaser to know in order to judge the nature and value of the property.(f)In case any immovable property is sold under these rules, the sale shall be subject to the prior encumbrances on the property, if any. The decree holder shall, when the amount for the realisation of which the sale is held, exceeds one hundred rupees furnish to the Recovery Officer within such time as may be fixed by him or by the Recovery Officer an encumbrance certified sought to be sold. The time for production of the encumbrance certificate may be extended at the discretion of the Recovery Officer or the Registrar. The sale shall be by public auction to the highest bidder, provided that it shall be open to the recovery officer to decline to accept the highest bid where the price offered appears to be unduly low or for other reasons and provided also that the Recovery officer may in his discretion adjourn the sale to a specified day and hour, recording his reasons for such adjournment. Where a sale is so adjourned for a longer period than seven days, afresh notice shall be issued unless the defaulter consents to waive it. The sale shall be held after the expiry of not less than thirty days calculated from the date on which notice of the proclamation was affixed in the office of the Registrar and the place of sale shall be the village where the property to be sold is situated or such adjoining prominent place of public resort as may be fixed by the Recovery Officer(g)A sum of money equal to twenty five percent of the price of the immovable property shall be deposited by the purchaser in the hands of the Recovery Officer at the time of the purchase, and in default of such deposit, the property shall forthwith be resold.(h)The remainder of the purchase money and the amount required for the general stamp for the sale certificate shall be paid within fifteen days from the date of sale.Provided that the time for payment of the cost of the stamp, may, for good and sufficient reasons, be extended at the discretion of the Recovery Officer up to thirty days from the date of sale.Provided that in calculating the amount to be paid under this clause, the purchaser may have the advantage of any set-off to which he may be entitled.(i)In default of payment within the period mentioned in clause (h), the deposit may, if the Recovery officer thinks fit, after defraying the expenses of the sale, be forfeited to the Government and the defaulting purchaser shall be forfeited off all claims to the property or any part of the sum for which it may subsequently be sold.(j)Every resale of immovable property in default of payment of the amounts mentioned in clause (h) within period allowed for such payment shall be made after the issue of fresh proclamation in the manner and for the period herein before specified for the sale.(k)In case a decree-holder purchases the property, the purchase money and the amount due on the decree shall be set off against one another, and the Recovery Officer shall enter satisfaction of the decree in whole or in part accordingly.(l)In case prior to the date fixed for sale, the judgment debtor or any person acting on his behalf or any person claiming an interest in the property sought to be sold tenders payment of the full amount due together with interest and other expenses incurred in bringing the property to sale, including the expenses of attachment, if any the Recovery Officer shall forthwith release the property after cancelling, where the property has been attached, the order of attachment.
