Section 12 in The Bengal Land-Revenue Sales Act, 1868
12. Effect of sale of tenure.
- The purchaser of any tenure sold under the provisions of Section 11 of this Act shall acquire it free from all encumbrances which may have been imposed upon it after its creation, or after the time of settlement, whichever may have last occurred, and shall be entitled to avoid and annul all under-tenures, and forthwith to eject ail under-tenants, with the following exceptions:-First. - Istimrari or mukarrari tenures 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:Provided always that the rent of such tenures shall be liable to enhancement under any law for the time being in force for the enhancement of the rent of such tenures.Thirdly. - Tenures created or recognized 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.
