Section 15 in The Bengal Patni Taluks Regulation, 1819
15. First. - Delivery of possession to purchaser.
- [On the expiry of thirty days from the date of any sale made under this Regulation, or if there has been a resale within thirty days of the original sale if the entire amount of the purchase money has been paid by the purchaser, and if no application under section 14A to set aside the sale is pending] [Words substituted by Bengal Act 4 of 1933.], such purchaser shall receive from the officers conducting the sale a certificate of such payment.The purchaser shall then proceed with the certificate in question to procure a transfer to his name in the cutcherry of the zamindar, and upon furnishing security, if required, to the extent of half the jama or annual rent, he shall receive the usual 'amaldustauk' or order for possession, together with the notice to the raiyats and others to attend and pay their rents henceforward to him.The zamindar shall also be bound to furnish access to any papers connected with the tenure purchased that may be forthcoming in his cutcherry; and should he in any manner delay the transfer in his office, or refuse to give the orders for possession, notwithstanding that good and substantial security shall have been furnished or tendered on requisition, the new purchaser shall be entitled to apply direct to the Court, and he shall receive the orders for possession, and shall be put in possession, of the lands by means of the nazir, in the same manner as possession is obtained under a decree of Court :Provided, however, that, if the delay be on account of the zamindar's contesting the sufficiency of the security tendered, the rule contained in section 6 of this Regulation shall be observed.Second. - Procedure in case of opposition to purchaser. - When the new purchaser shall proceed to take possession of the lands of his purchase, if the late incumbent himself or the holders of tenures or assignments derived from the late incumbent, and intermediate between him and the actual cultivators, shall attempt to offer opposition, or to interfere with the collections of the new purchaser, from the lands composing his purchase, the latter shall be at liberty to apply immediately to the Civil Court for the aid of the public officers in obtaining possession of his just rights.A proclamation shall then issue, under the seal of the Court and signature of the Judge declaring that the new incumbent having, by purchase at a sale for arrears of rent due to the zamindar, acquired the entire rights and privileges attaching to the tenure of the late talukdar, in the state in which it was originally derived by him from the zamindar, he alone will be recognised as entitled to make the zamindar collections in the mufassal, and no payments made to any other individual will on any account be credited to the raiyats or others in any [* * * * *] [Word 'summary' omitted by Act 16 of 1874.] suit for rent [* * * * *] [Words and figures 'brought under the provisions of section 15. Regulation 7, 1799, or In any application to stay process by distraint, under the rules of Regulation 5, 1812' repealed by Act 16 of 1874.] or on any other occasion whatever when the same may be pleaded.Third. - Procedure in case of continued opposition. - Should the late incumbent or his late under-tenants continue to oppose the entry of the new purchaser, notwithstanding the issuing of such a proclamation, or should there be reason to apprehend a breach of the peace on the part of any one, the aid of the police-officers and of all other public officers who may be at hand and capable of affording assistance shall be given to the new purchaser, on his presenting a written application for the same ; and in the event of any affray or breach of the peace occurring, the entire responsibility shall rest with the party opposing the lawful attempt of the purchaser to assume his rights.
