Section 158A in Bihar and Orissa Public Demand Recovery Rules
158A. Repealed by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938), Section 58.
II. For sub-section (1) of Section 158B of the Bihar Tenancy Act, 1885, the following shall be substituted, namely -"(1) Where a tenure or holding or part of a holding is sold in execution of -(a)a decree for arrears of rent due in respect of the tenure or holding;(b)a decree for damages under Section 186A; or(c)a certificate for arrears of rent signed under the Bihar and Orissa Public Demands Recovery Act, 1914.the tenure or holding or part of the holding shall, subject to the provisions of Section 28, pass to the purchaser.If such decree was obtained by -(i)a sole landlord; or(ii)the entire body of landlord; or(iii)one or more co-sharer landlords who has or have, sued for the rent due to all the co-sharers in respect of the entire tenure or holding and made all the remaining co-sharers parties defendant to the suit, or if such certificate was signed on the requisition of, or in favour of a sole landlord or the entire body of landlords."III. (1) In sub-section (1) of Section 167 of the Bengal Tenancy Act, 1885 after words "the foregoing Sections" the words "or under" the Bihar and Orissa Public Demands Recovery Act, 1914" shall be inserted.(2)In sub-section (4) of the said Section -(a)after the words "a decree" the words "or a certificate signed under the Bihar and Orissa Public Demands Recovery Act, 1914" shall be inserted, and(b)after the words "the Chapter" the word "or the Act" be inserted.IV. In sub-section (1) of Section 171 of the Bihar Tenancy Act, 1885, after the words "under this Chapter" the following shall be inserted, namely -"or in execution of a certificate for arrears of rent due in respect thereof, signed under the Bihar and Orissa Public Demands Recovery Act, 1914."V. In Section 172 of the Bihar Tenancy Act, 1885 for the words. "When a tenure or holding is advertised for sale under this Chapter in execution of a decree against a superior tenant defaulting" the following shall be substituted namely -"When a tenure or holding is advertised for sale -(a)under this Chapter in execution of a decree against a superior tenant defaulting, or(b)in execution of a certificate, signed under the Bihar and Orissa Public Demands Recovery Act, 1914, for arrears of rent due in respect of the tenure or holding from superior tenant defaulting."
