(1)In disposing of the proceeds of sale under this Chapter, the following rules, instead of those contained in Section 73 of the Code of Civil Procedure, 1908 shall be observed, that is to say-(a)there shall first be paid to the decree-holder the costs incurred by him in bringing the tenancy to sale ;(b)there shall, in the next place, be paid to the decree-holder the amount due to him under the decree in execution of which the sale was made;(c)if there remains a balance after these sums have been paid, there shall be paid to the decree-holder therefrom any rent which the Court, after giving notice to the judgement-debtor, finds to have fallen due to the decree-holder in respect of the tenancy between the institution of the suit and the date of the sale, together with interests and costs ;(d)the balance, if any, remaining after the payment of the rent mentioned in Clause (c) shall, upon the expiration of two months from the confirmation of the sale, be paid to the judgement debtor upon his application unless the Court for reasons to be recorded in writing otherwise directs :Provided that where the tenancy has been sold in execution of a decree obtained by one or more co-sharer landlords in a suit framed under Section 139.-(a)payment of the amount due under such decree, shall, notwithstanding anything contained in Clause (b), be made to the decree-holder and to the other co-sharer landlords in proportion to the amount found to be due to each, and(b)if there remains a balance, payment of any rent which may have fallen due in respect of the lands between the institution of the suit and the date of the sale shall, notwithstanding anything contained in Clause (c), but subject to the determination, in the manner and with the effect mentioned in sub-Section (2) of any dispute as to the respective rights to recover such rent, be made to the said decree-holder and the other co-sharer landlords in proportion to their respective shares in the tenancy.
