Amendment status not verified — confirm the current text below against the official source.
(1) When the holding of an occupancy raiyat on sale in or a portion or spare thereof is sold in execution of a cs:ecution of decree or certificate signed under the Bengal Public Beng1\I Act ~rtifi~~~~ce, Dem'.1nds Recovery Act, 1913, other t.han a decree or III of 1913 or foreclosure certificate for arrears of rent due m respect of the of mortgage. holding or dues recoverable as such, and neither the purchaser nor the decree holder is the sole landlord, the Court or the Revenue Officer, as the case may be, shall before confirming the sale, require the purchaser to file a notice giving particulars of the transfer in the prescribed form and to deposit in addition to the purchase money a process foe of the rrescribed amount. (2) When a mortgage of a holding of an occu- pancy raiyat .or of a portion or share thereof is fore· dosed, and decree-holder is not himself the sole landlord, the Court shall, before making a dec1ee or order absolute for the foreclosure, require the mort- gagee to file a notice giving particulars of the transfer Ddction of section 33 of Alllam Act XI of 1936. 149 in the prescribed form and to depo~i t a prJce3s fee of the pr,~sc ribed amount. (3) If the purchaser fails to comply with the order of the Court or Revenue Officer under sub- section (1) within such time as may be specified in the said order, the Court or the Revenue Officer may make an order for the forfeiture of the purchaEe money and for the re-sale of the holding or portion or share thereof. If the mortgagee fails to comply with the order under sub-section (2) within such time as may be specified therein, the Court may make an order for dismissal of the suit for foreclosure. · (4) When the rnle ha~ been confirmeq or the decree or order absolute- for the foreclosure has been made, tl1e Court ~hall senrl t0 the Deputy Commis- sfoner the notice uf the sale or final foreclosure in the prescribed form, and the Deputy Commissioner shall cause the notice to be served on the landlord named in the notice or his common agent, if any, in the prescribed manner. (5) After receipt of a notice of transfer under section 30 or 32, the landLird shall not refuse to recognise the transferee as the tenant in re;pect of the holding or portion or share thereof transferred nor omit to enter the transferee's name in the landlord '5 rent-roll in place of that of the transferor, or where only a share or a portion of the transferer's interest has been transferred,along with the name of the transferor: Provided that such recog.nition shall not operate as the admission of the am mnt or fixity of rent or of the area or of any incident of such occupancy holding or be deemed to constitute an express consent of the landlord to the di vision of holding or to the distribu- tion of the rent payable in respect thereof: Provided further that if a transfer is subsequently set aside or modified by a competent authority, the party in whose favour such order has Leen made shall, unless such order has been passed in a suit, appeal or other proceedings to which the bndlord or the entire body of landlords was a party, file with the Deputy Commissioner a notice describing the modifica- tions made by such order and deposit the prescribed fee for the service of such notice. The Deputy Commissioner shall cause the notice to be served on the landlord named in the notice or his common agent, if any, in the prescribed manner. The landlord, on receipt of such notice, shall ca:.:se his rent-roll to be c•rrccted accordingly." U. Section.33 of the Principal Act shall be deleted. Dcleuon of >Cction 35 of Assam Act XI of