Section 138(2) in The Gujarat Co-Operative Societies Act, 1961
(2)(a)Where the mortgaged property sold is in the occupancy of the mortgagor, or of some person on his behalf, or some person claiming under a title created by the mortgagor, subsequent to the mortgage in favour of the [State Land Development Bank] [Substituted for the words 'State Land Mortgage Bank' by Gujarat 24 of 1964] or the [Land Development Bank] [Substituted for the words 'Land Mortgage Bank' by Gujarat 24 of 1964], and a certificate in respect there of has been granted under sub-section (1) the Court shall, on the application of the purchaser, order 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.(b)Where the property sold is in the occupancy of tenant or other person entitled to occupy the same, and a certificate in respect thereof has been granted under sub-section (1) the Court shall, on the application of the purchaser and after notice to such tenant or other person, order the delivery to be made by affixing copy of the certificate of sale in a conspicuous place on the property and proclaiming to the occupant by beat of drum or other customary mode at some convenient place that the right, title and interest of the mortgagor have been transferred to the purchaser.
