Section 213 in Ajmer Abolition of Intermediaries And Land Reforms Act, 1955
213. Sale of Khatedar tenant's interest in execution of decree of arrears of rent
(1) Subject to the provision of section 42, interest of a Khatedar tenant in his holding or in any part thereof may be sold in execution of a decree for arrears of the rent of such holding and unless such interest is purchased by the landholder thereof, the purchaser shall, subject to the provisions of sub-section (3), have the same interest in such holding or part and be subject to the same liabilities in respect thereof as the tenant.(2)Before selling the interest of a Khatedar tenant in a part only of his holding in accordance with sub-section (1 ), the court executing the decree shall, in accordanCe with rules made by the Board, distribute the rent of the holding over such part and the remainder of the holding.(3)When such interest is sold (a)a sub tenant, or(b)an agricultural or other labourer or a village servant, who resides in the village or,(c)any agriculturist who resides in the village, or(d)the landholder, other than the State Government, or an estate holders, or(e)the estate holder,may in the above order of priority, within fifteen days of the date of sale, claim to take such interest at the highest bid:Provided that where two or more persons belonging to the same class, being a class mentioned in clause (a) or clause (c) claim to take such interest, preference shall be given to the claiment who cultivates the smallest area in the village and when they cultivate an equal area the claim shall be determined in the prescribed manner:Provided further that if two or more persons belonging to same class, being a class mentioned in clause (b) claim to take such interest, the claim shall be determined in the prescribed manner.(4)Notwithstanding anything contained in sub-section (3) where the Khatedar tenant whose interest is sold under this section is a member of a Scheduled Caste or a Scheduled Tribe preference among rival claimants belonging to any of the classes mentioned in clauses (a), (b) and (c) shall be given to the claimant of a particular class who is a member of a Scheduled Caste or Scheduled Tribe.
