209. Disposal of proceeds of sale under Section 208 - (1) In disposing of the proceeds of the sale of a tenure or holding under Section 208, the following procedure shall be observed, that is to say,-
(a)there shall be paid to the decree-holder the costs incurred by him in bringing the tenure or holding 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 those sums have been paid, there shall be paid to the decree-holder therefrom any rent which may have accrued due to him in respect of the tenure or holding between the institution of the suit and the date of the sale; and(d)The balance (if any) remaining after the payment of rent referred to in clause (c) shall, upon the expiration of two months from the [date] of the sale, be paid to the judgement-debtor upon his application;Provided that where a tenure or holding has been sold in execution of a decree obtained by one or more co-sharer landlords in a suit instituted under clause (b) of Section 142,-(i)payment of the amount due under such decree shall, notwithstanding anything contained in clause (b) of this Section be made to the decree-holder and to other co-sharer landlords in proportion to the amount found to be due to each, and(ii)if there remains balance, payment of any rent which may have accrued due in respect of the tenure or holding 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 effect mentioned in sub-section (2) of any dispute as to their respective rights to receive such rent, be made to the said decree-holder and other co-sharer landlords in proportion to their respective shares in the tenure or holding.(2)If the judgement-debtor disputes the decree-holder's right to receive any sum on account of rent under clause (e) the Deputy Commissioner shall determine the dispute and the determination shall have the force of decree.
