Section 39 in Assam (Temporarily Settled Areas) Tenancy Act 1971
39. Sale of a holding for arrear of rent in certain cases.
(1)Where the unsatisfied rent-decree relates to arrear rent in respect of a holding of any occupancy tenant, he shall not be liable to ejectment for such arrear. But his holding shall be liable to sale in execution of the unsatisfied rent-decree and the landlord shall, instead of filing a suit for ejectment, submit an application, accompanied with the rent-decree to the competent Civil Court for attaching and putting the holding of the defaulting tenant to sale, and the decree for rent shall be satisfied out of the proceeds of the sale.(2)Notwithstanding anything contained in the Civil Procedure Code, 1908, or any other law for the time being in force, the procedure for attaching and selling the holding of the defaulting tenant shall be according to the provisions hereinafter following.
