Section 40 in Bihar and Orissa Public Demand Recovery Rules
40. Sale of occupancy holding with power to avoid all incumbrances.
(1)When an occupancy holding situated in an area in which Chapter XIV of the Bengal Tenancy Act, 1885 ******* is in force has been advertised under Rule 25 for sale in execution of a certificate for arrears of rent due in respect thereof, it shall be put up to auction and sold with power to avoid all incumbrances.(2)The purchaser at a sale under this Rule, may in manner provided by Section 167 of the Bengal Tenancy Act, 1885 ****** and not otherwise, annul any incumbrances on the holding.
