Section 38 in Bihar and Orissa Public Demand Recovery Rules
38. Sale of tenure or holding at fixed rates, subject to registered and notified incumbrances.
(1)When a tenure or a holding at fixed rates, 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 subject to registered and notified incumbrances; and, if the bidding reaches a sum sufficient to liquidate the amount of the certificate and the costs of the sale, the tenure or holding shall be sold subject to such incumbrances.(2)The purchaser at such sale may, in manner provided by Section 167 of the Bengal Tenancy Act, 1885, and not otherwise annul any incumbrance upon the tenure or holding not being a registered and notified incumbrance.
