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[Cites 0, Cited by 0] [Section 32] [Entire Act]

State of Rajasthan - Subsection

Section 32(2) in Rajasthan Nazul/Devsthan Building (Disposal by Public Auction) Rules, 1967

(2)The vendor, hereby covenants with the purchaser as follows-
(i)The said building shall be quietly entered into and upon and held and enjoyed and the rents and profit received therefrom by the purchaser without any interruption or disturbances by the vendor or any person claiming there or under him and without any lawful disturbance or interruption by any other person whomsoever.
(ii)The vendor will at the cost of the person requiring the same execute and do every such assurance or thing necessary to further more perfectly assuring the said building to the purchaser his heirs or assigns as may reasonably be required.
(iii)The property hereby sold is free from encumbrances. And it is hereby agreed between the parties hereto that all costs and expenses incidental to the execution and registration of this deed shall be payable by the purchaser.
In witness whereof...........acting on behalf and under the authority of the vendor in this behalf and ........have signed this deed hereunder on the date and year first above written.
Signed by the purchaser.Witnesses:-1. .................2. ................. Signed by order of and on behalf of the Governor ofthe State of Rajasthan, Chairman District/Sub-DivisionalNazul/Devsthan Building Disposal.....Committee.........District.Witnesses:-1. ..................2. ..................
The Schedule Herein Referred ToAppendix "E"Mortgage Deed to be Executed by a Purchaser of Nazul Building Who had Occupied the same as a TenantThis Deed is made on the..........day of.......19....... Between Shri son of..................Resident of at....... present residing at........hereinafter referred to as the "mortgagor" (which expression shall, where the context so admits, include his heirs, executors, administrators and assigns) of the one part & the Government of the State of Rajasthan, hereinafter referred to as the "Mortgagee" (which expression shall, where the context so admits, include his successors and assigns) of the other part:Whereas the "mortgage’ has purchased a Nazul/Devsthan Building, described in the Schedule annexed hereunder (hereinafter called the "Mortgaged property"), hitherto occupied by him as a tenant thereof, from the mortgage at a public auction held under the Rajasthan Nazul/Devsthan Buildings (Disposal by public auction) Rules, 1967 through the District/Sub-Divisional Nazul/Devsthan Buildings Disposal Committee..........for Rs.....and has deposited 10% of the purchase money with the officer conducting the sale under the said Rules.And Whereas the mortgagor, not being in a position to pay the remaining purchase money immediately, has applied to the mortgagee for permission to pay the same in .............. annual installments and has also executed an agreement undertaking to pay the remaining price together with interest @ 9% per annum by annual equated installments not exceeding 9 in number the first installment falling due for payment after the expiry of one year from the date of acceptance of the officer by the aforesaid Nazul/Devsthan Buildings Disposal Committee & thereupon the said Committee has confirmed this sale in favour of the mortgagor.And whereas the mortgagor has been possession of the said premises as absolute owner from the date of such confirmation of sale and has agreed to create a security in manner hereinafter appearing for the payment of the aforesaid amount together with interest ® 9% p.a. by.........annual equated installments and the mortgagee has agreed to treat the said unpaid purchase money as a loan from the mortgagor bearing interest @ 9% p. a. secured in manner hereinafter appearing and to recover the said loan in installments here above mentioned.Now This Deed Witnesses as follows:-For the consideration aforesaid and as security for the aforesaid loan in pursuance of the said agreement, the mortgagor hereby grants and transfers by way of simple mortgage to the mortgagee ’ALL’ that property so purchased by him at the said auction sale and more particularly described in the Schedule annexed hereto together with all buildings and structures standing thereon, to the intent that in case default is made in the payment of any sum due hereunder the said property hereby mortgaged shall remain and be charged by way of simple mortgagee as security for the payment to the mortgagee the said loan and interest in accordance with the covenants hereinafter contained.In pursuance of the aforesaid agreement and in consideration of the sum of Rs due as aforesaid and payable by the mortgagor to the mortgagee in the manner hereinbefore stated, the mortgagor hereby covenants with the mortgages as follows,-