Himachal Pradesh Co-operative Agriculture and Rural Development Banks Act, 1979 31Chapter VII · Sale of Mortgaged Property

Section 31 · Delivery of property to purchaser

(1)

Where the [XXXXX] [The word 'mortgaged' Omitted vide Act No. 16 of 1987 16-11-1987.] property sold is in the occupation of the [the person creating the gehan or executing the mortgage or hypothecation] [Substituted for 'mortgagor' vide Act No. 16 of 1987 16-11-1987.] or of some person on his behalf or of some person claiming under a title other than a lease for a period not exceeding five years created by the [the person creating the gehan or executing the mortgage or hypothecation] [Substituted for 'mortgagor' vide Act No. 16 of 1987 16-11-1987.] subsequent to the [gehan or mortgage or hypothecation] [Substituted for the words 'mortgage' vide Act No. 16 of 1987 16-11-1987.] in favour of the State Bank and a certificate in respect thereof has been granted under section 30, the Collector shall, on the application of the purchaser, order delivery to be made by putting such purchaser, or any person, whom, he may appoint to receive delivery on his behalf, in possession of the property.

(2)

Where the property sold is in the occupation of a tenant or other person entitled to occupy the same and certificate in respect thereof has been granted under section 30, the Collector shall on the application of the purchaser and after notice to such tenant or other person, order delivery to be made by affixing a copy of the certificate of sale in some conspicuous place on the property and proclaiming to the occupant by beat of drum or other customary mode at some convenient place that the interest of the [the person creating the gehan or executing the mortgage or hypothecation] [Substituted for 'mortgagor' vide Act No. 16 of 1987 16-11-1987.] has been transferred to the purchaser.

(3)

In regard to the cases dealt within the sub-sections (1) and (2) the provisions of rules 97 to 103 to Order XXI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), shall, Mutatis Mutandis and so far as may be, apply.

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