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[Cites 0, Cited by 0] [Section 53(11)] [Section 53] [Entire Act]

State of Jammu-Kashmir - Subsection

Section 53(11)(f) in Jammu and Kashmir Co-operative Societies Rules, 2001

(f)When an 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 realization of which the sale is held exceeds Rs. 100/-, furnish to the sale officer within such time as may be fixed by him or by the recovery officer an encumbrance certificate for registration department for the period of not less than twelve year's prior to the date of attachment of the property sought to be sold or in cases falling under the proviso to the sub-rule (10), prior to the date of application of execution. The time for production of the encumbrance certificates may be extended at the discretion of the sale officer or the recovery officer as the case may be. The sale shall be by public auction to the highest bidder, provided that it shall be open to the sale officer to decline to accept the highest bid where the prices offered appears to be unduly low or for other reasons and provided also that the recovery officer or the sale 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 or the sale officer may, in his discretion, adjourn the sale to a specified day and hour recording his reason for such adjournment. While a sale is so adjourned for a longer period than 7 days, a fresh proclamation under clause (e) shall be made unless the judgement debtor 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 recovery officer. The time and 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 said recovery officer: