Section 26 in Bihar and Orissa Public Demands Recovery Act, 1914
26. 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 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 XIV of the Bengal Tenancy Act, 1885 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 22 of the said Act, pass to the purchaser subject to the interest defined in the said Chapter as "protected interests", but with power to annul the interests defined in the said Chapter as "incumbrances";Provided as follows -(i)a registered and notified incumbrance within the meaning of the said Chapter shall not 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)[ In areas in which the Chota Nagpur Tenancy Act, 1908, is in force -(a)the Commissioner may by order, in any case in which he may consider it desirable so to do - (i) prohibit the sale of any tenure or portion thereof; (ii) stay any such sale for any period specified in the order;](b)when a tenure or holding is sold in execution of a certificate for arrears of rent due in respect thereof, sub-section (1) shall not apply, but the purchaser shall acquire such right therein as if he had purchased at a sale thereof under sub-section (1) of Section 208 of the Chotanagpur Tenancy Act, 1908 in execution of a decree for such arrears.(5)Where the certificate-holder is a co-sharer landlord and the certificate is for his share of the rent only, the provisions of sub-sections (3) and (4) shall not apply.(6)[ Notwithstanding anything contained in sub-section (1), where any estate is sold in pursuance of Section 98 of the Cess Act, 1880 (Bengal Act IX of 1880), in execution of certificate for any amount due to the Collector under the provisions of the said Act in respect of any arrears of cess, of any expenses incurred, of any fee or costs payable, of any notices served, or any fines imposed, or on any other account, the purchaser of the estate shall subject to the payment of any amount due under the provisions of the Bengal Land-Revenue Sales Act, 1859 (Bengal Act XI of 1859) or the Bengal Land-Revenue Sales Act, 1868 (Bengal Act VII of 1868) in respect of the arrears of land revenue accruing due in respect of that estate on or before the date of the sale -(i)in the case of a sale of one or more shares, acquire the shares, subject to all incumbrances, and(ii)in the case of a sale of the entire estate, acquire the estate free from all incumbrances with the following exceptions namely -First - Istamrarior mukarraritenures which have been held at a fixed rent from the time of the permanent settlement.Secondly - Tenures existing at the time of permanent settlement which have not been held at a fixed rent;Thirdly - Tenures created or recognised by the settlement proceedings of any current temporary settlement, as tenures bearing a rent which is fixed for the period of such settlement;Fourthly - Tenures of lands whereon dwelling houses, manufactories or other permanent buildings have been erected, or whereon permanent gardens, plantations, tanks, canals, places of worship or burning or burying grounds have been made:Provided that -(a)Where a separate account has been opened or one or more shares, the share or shares from which the arrears may be due shall be put up to sale in the first instance but if in any case of such sale the highest bid for share or shares put up to sale does not reach a sum sufficient to liquidate the amount of the certificate and costs including the costs of sale, the Certificate Officer shall stop the sale; and shall declare that the entire estate shall be put up to sale for the arrears of cess and costs of the certificate at a further date; unless the other recorded sharer or sharers or one or more of them shall within a period of thirty days from the date on which the share or shares were last put up to sale, purchase the shares in arrears by paying the said amount of certificate due from such share;(b)where the entire estate is sold, it shall, in the first instance be put up to auction subject to incumbrances created by registered instruments and if the bidding reaches a sum sufficient to liquidate the amount of the certificate and costs including the costs of sale, the estate shall be sold subject to such incumbrances;(c)where the bidding for the entire estate does not reach a sum sufficient to liquidate the amount of the certificate and costs as aforesaid and if the certificate-holder thereupon desires that the estate be sold with power to annul all incumbrances, the officer holding the sale shall adjourn the sale and make a fresh proclamation for sale announcing that the estate shall be put to auction and sold with power to annul all incumbrances upon a future day specified therein, and upon that day, the estate shall be put up to auction and sold with power to annul all incumbrances;(d)where a purchaser or an estate having power to annul an incumbrance under the foregoing clause of this proviso desires to annul the same he may within one year from the date of the sale or the date on which he first has notice of the incumbrance, whichever is later, present to the Certificate Officer an application in writing, requesting him to serve on the incumbrancer a notice in the prescribed from declaring that the incumbrance is annulled, and thereupon the Certificate Officer shall cause the notice to be served in the prescribed manner and the incumbrance shall be deemed to be annulled from the date on which it is so served;(e)reasonable facilities may be allowed to the certificate-debtor to pay the amount of the certificate and costs at any time before the date of sale of the estate in such number of instalments as the Collector may think fit;(f)notwithstanding anything contained in this Act, the certificate debtor shall have the right to deposit the amount of certificate and costs including the cost of sale within ninety days after the date of sale and on the amount being so deposited, the Certificate Officer shall make an order setting aside the sale.][Explanation. - For the purposes of this proviso, when there is a separate account for the State of Bihar in respect of any share of an estate which has vested in that State under any provision of the Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950), the expression "entire estate" shall not include the share or interest which has so vested in the State and the expression "the other recorded sharer or sharers or one or more of them" shall not include the State of Bihar.] [Inserted by Bihar Public Demands Recovery (Amendment) Act, 1953 (2 of 1954).]
