(1)Notwithstanding anything in the Code of Civil Procedure (Act V of 1908), when the land of an agriculturist is sought to be sold in execution of a decree to which this Act applies the court executing the decree shall proceed in accordance with the provisions of the following sub-sections:Provided that if any time before such land is transferred in accordance with the provisions of this section, such agriculturists applies in writing to the court executing the decree stating that he desires to have the land put to sale, the court shall sell it in accordance with the provisions of the Code of Civil Procedure, 1908.(2)Where such decree is based on a loan made before the first day of January, 1931 or where it is based on series of transactions any of which took place before that date, the court shall, in accordance with rules made by the [State Government] [Substituted by the AO 1950 for 'Provincial Government'.] determine the annual value of such land in the agricultural year 1337 Fasli and in the agricultural year in which the decree is sought to be executed by sale and shall calculate the value of such land multiplying whichever of these annual value is the greater by the prescribed multiple.(3)In the case of any other decree to which this Act applies the court shall in accordance with rules made by the [State Government] [Substituted by the AO 1950 for 'Provincial Government'.] determine the annual value of such land in the year in which the decree is sought to be executed by sale and shall calculate the value of such land by multiplying the annual value by the prescribed multiple.(4)If the value so determined is less than or equal to the amount of such decree together with the proportionate amount of any prior encumbrance, the court shall transfer such land to the decree holder.(5)If the value so determined is greater than the amount or such decree together with proportionate amount of any prior encumbrance, the court shall determine the portion of such land the value of which determined in accordance with the provisions of sub-section (2), or sub-section (3) is equal to the amount of the decree together with the proportionate amount of such prior encumbrance and shall transfer such portion to the decree-holder.(6)When land is transferred under the provisions of this section the decree shall be deemed to be satisfied up to the value of such land as determined under the provisions of this section and all the rights of the agriculturist in such land shall be deemed to have been sold to the decree-holder.
