Bare ActsThe Assam (Temporarily Settled Districts) Tenancy Act, 1935

Section 109

Amendment status not verified — confirm the current text below against the official source.

(1) If a decree for an arrear of rent is passed ^n ale o° a hpr^ against a tenant and remains unsatisfied, the Court v jle g e cj having authority to execute the decree shall, or of an [ * * * ] > proceed on the application of the occupancy landlord to sell the judg m ent-debtor’s right, title and rears o^rem" interest in his holding by public au ctio n: [Provided that in the case of a holding in an estate pertaining to a religious institution, if the highest bid be that of a member of a different religion from the one to which the institution belongs the landlord shall have the option, to be declared in writing to the Court within 30 days of the sale, of purchasing the holding at the highest bid. (2) Notwithstanding anything contained in sub-section (1) above, the Court may, on the ap pli­ cation of the landlord, proceed to execute the decree against the person or any other property of the defaulter.]1 2 III). Where a holding is sold in execution of a General po- decree for a rrear due in respect thereof, the purchaser ^ase^as^o shall take subject to the interests defined in this a v o;cian cc of • Chapter as “ protected interests” but with powers to incumbran- annul the interests defined in this Chapter as c e s' “ incumbrances” : Provided that the power to annul shall be exercisable only in the manner by this Chapter directed. I ll. The following shall be deemed to be protec- Protected tedinterests within the meaning of this Chapter :— interests. (a) Any lease in respect of land whereon, in accordance with the purpose of the lease granted by the ten ant whose interest is being sold, permanent dwelling houses, manufactories or other perm anent buildings have been erected, or permanent gardens, or plantations, tanks or canals, public places of worship or public burning or burying grounds have been made :

Section 109 – The Assam (Temporarily Settled Districts) Tenancy Act, 1935 | DailyLaw.ai