Section 39 in Bihar and Orissa Public Demand Recovery Rules
39. Sale of tenure or holding at fixed rates, with power to avoid all incumbrances.
- If the bidding for a tenure or a holding at fixed rates put up to auction under Rule 38 does not reach a sum sufficient to liquidate the amount of the certificate and costs as aforesaid and if the certificate holder thereupon desired that the tenure or holding be sold with power to avoid all incumbrances, the person holding the sale shall adjourn the sale and make a fresh proclamation under Rule 25 announcing that the tenure or holding will be put up to auction and sold with power to avoid all incumbrances, upon a future day specified therein not less than fifteen or more than thirty days from the date of the postponement, and upon that day the tenure or holding shall be put 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 other side, annul any incumbrance on the tenure or holding.
