221. Procedure for annulling encumbrances under the foregoing Sections.
(1)A purchaser having power to annul an encumbrance under any of the foregoing Sections, or under the Bihar and Orissa Public Demands Recovery Act, 1914 (Bihar and Orissa Act IV of 1914), and desiring to annul the same may, within one year from the date of the sale or the date on which he first has notice of the encumbrance, whichever is later, present to the Collector an application, in writing, requesting him to serve on the encumbrancer a notice declaring that the encumbrance is annulled.(2)Every such application must be accompanied by such fee for the service of the notice as the Board of Revenue may fix in this behalf.(3)When an application for service of a notice is made to the Collector in manner prescribed by this section, he shall cause the notice to be served in compliance therewith, and the encumbrance shall be deemed to be annulled from the date on which it is so served.(4)When a tenure or holding is sold in execution of a decree (or a certificate signed under the Bihar and Orissa Public Demand Recovery Act, 1914), for arrears due in respect thereof, and there is on the tenure or holding a protected interest of the kind specified in Section 214, Clause (c), the purchaser may, if he has power under this Chapter or that Act to avoid all encumbrances, sue to enhance the rent of the land which is the subject of the protected interest. On proof that the land is held at a rent which was not at the time the lease was granted a fair rent, the Court may enhance the rent to such amount as appears to be fair and equitable.This sub-section shall not apply to land which has been held for a term exceeding twelve years at a fixed rent equal to the rent of good areable land.
