Section 23 in The Bhopal Debt Redemption Act, 1955
23. Execution of decree against land.
(1)Notwithstanding anything in the Code of Civil Procedure, 1908 (V of 1908), when the land of an agriculturist is sought to be sold in execution of decree to which this Act applies the Tribunal executing the decree shall proceed in accordance with the provisions of the following sub-section :Provided that if any time before such land is transferred in accordance with the provisions of this section, such agriculturist applies in writing to the Tribunal executing the decree slating that he desires to have the land put to sale, the Tribunal shall sell it in accordance with the provisions of the Code of Civil Procedure, 1908 (IV of 1908).(2)In the case of any decree to which this Act applies the Tribunal shall calculate the value of such land by multiplying the annual land revenue payable by or relinquished in favour of such agriculturist in respect of such land, as the case may be, by the prescribed multiple.(3)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 Tribunal shall transfer such land to the decree-holder on condition that the decree-holder shall discharge the debts due to all persons claiming under a prior encumbrance:Provided that all such claims shall be discharged in proportion to the ratio of the value of the land to be transferred bears to the decretal amount and the proportionate amount due on prior encumbrances payable by the debtor.(4)If the value so determined is greater than the amount of such decree together with the proportionate amount of prior encumbrance, the Tribunal shall determine the portion of such land the value of which, determined in accordance with the provisions of sub-section (2), is equal to the amount of the decree together with the proportionate amount of such prior encumbrance and shall transfer such portion of land to the decree-holder and order the decree-holder to pay to the persons claiming under such encumbrance the proportionate amount of such encumbrance.(5)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.
