(1)In disposing of the proceeds of a sale under this Chapter, the following Rules, instead of those prescribed by Section 73 of the Code of Civil Procedure, 1908 (V of 1908), shall be observed, that is to say-(a)there shall first be paid to the decree holder the cost incurred by him in bringing the tenure or holding to sale;(b)there shall, in the next place, be paid to the decree-holder the amount due to him under the decree in execution of which the sale was made;(c)if there remains a balance after these sums have been paid, there shall be paid to the decree holder therefrom any rent which may have fallen due to him in respect of the tenure or holding between the institution of the suit and the date of the sale;(d)the balance (if any) remaining after the payment of the rent mentioned in Clause (c) shall, upon the expiration of two months from the confirmation of the sale, be paid to the judgement debtor upon his application:Provided that where a tenure or holding has been sold in execution of a decree obtained by one or more co-sharer landlords in a suit framed under Section 199 or a decree referred to in Sub-section (1) of Section 212-(i)payment of the amount due under such decree shall, notwithstanding anything contained in Clause (b), be made to the decree holder and to the other co-sharer landlords in proportion to the amount found to be due to each, and(ii)if there remains a balance, payment of any rent which may have fallen due in respect of the tenure of holding between the institution of the suit and the date of the sale shall, notwithstanding anything contained in Clause(c), but subject to the determination, in the manner and with the effect mentioned in Sub-section (2), of any dispute as to their respective rights to receive such rent, be made to the said decree holder and the other co-shearer landlords in the proportion to their respective share in the tenure or holding.
