Section 25 in The Orissa Public Demands Recovery Act, 1962
25. Purchaser's title.
(1)Where property is sold in execution of a certificate there shall vest in the purchaser merely the right, title and interest of the certificate-debtor at the time of the sale, even though the property itself be specified.(2)Where immovable property is sold in execution of a certificate, and such sale has become absolute, the purchaser's right, title and interest shall be deemed to have vested in him from the time when the property is sold, and not from the time when the sale becomes absolute.(3)Notwithstanding anything contained in Sub-section (1), in areas in which Chapter XVI of the Orissa Tenancy Act, 1913 (B. and O. Act 2 of 1913) is in force, where a tenure or holding is sold in execution of a certificate for arrears of rent due in respect thereof, the tenure or holding shall, subject to the provisions of Section 26 of the said Act, pass to the purchaser, subject to the interests defined in the said Chapter as "protected interests" but with power to annual the interests defined in the said Chapter as "encumbrances" :Provided as follows :(i)a registered and notified encumbrance within the meaning of the said Chapter shall be so annulled except in the case mentioned therein ; and(ii)the power to annul shall be exercisable only in the manner directed under that Chapter.(4)Where the certificate-holder is a co-sharer landlord and the certificate is for his share of the rent only, the provisions of Sub-section (3) shall not apply.
