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[Cites 0, Cited by 0] [Section 162] [Entire Act]

State of Tamilnadu - Subsection

Section 162(3) in Tamil Nadu Co-operative Societies Rules, 1988

(3)The procedure laid down in rules 116,117,119 and 126 to 137 shall apply to bringing the mortgaged property to sale under section 119, as if the Primary Agriculture and Rural Development Bank where a decree holder and the mortgagor, a judgement-debtor subject to the following modifications, namely:-
(a)where the mortgaged property sold is in the possession of the mortgagor or of some person on his behalf of or some person claiming under a title, other than a lease and a certificate of sale in respect thereof has been granted under sub-rule (3) of rule 129, the Court shall, on the application of the purchaser, order that such purchaser or any person whom he may appoint to receive delivery on his behalf, shall be put in possession of the property;
(b)where the mortgaged property sold, is in the possession of a tenant or other person entitled to occupy the same and certificate of sale in respect thereof has been granted under sub-rule (3) of rule 129, the Court shall, on the application of the purchaser and after notice to such tenant or other person, by order direct the affixing of a copy of the certificate of sale in some conspicuous place on the property and the proclaiming by beat of drums or other customary' mode at some convenient place in the locality that the interest of the mortgagor has been transferred to the purchaser; and
(c)the provisions of rules 97 to 103 of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 (Central Act V of 1908) shall apply mutatis mutandis to cases referred to above.
Explanation. - For the purpose of this rule "Court" means the Civil Court within the limits of whose jurisdiction the property is situated.