149. Passing of tenancy sold in execution of decree or certificate.
(1)When a tenancy is sold in execution of-(a)a decree for arrears of rent due in respect thereof, or(b)a decree for damages under Section 175, or(c)a certificate for arrears of rent signed under the Bengal Public Demands Recovery Act, 1913,the tenancy shall, subject to the provisions of Section 176, pass to the purchaser, if such a decree was obtained by-(i)a sole landlord, or(ii)the entire body of landlords, or(iii)one or more co-sharer landlords who has, or have, sued for the rent due in respect of a tenancy in manner provided in Section 139,or if such certificate was signed on the requisition of, or in favour of, a sole landlord or the entire body of landlords.(2)When one or more co-sharer landlords, having obtained a decree in a suit framed under Section 139, applies or apply for the execution of the decree by the sale of the lands of the tenancy, the Court shall, before proceeding to sell those lands, give notice of the application for execution to the other co-sharers.
