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

Section 114

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

(I Notwithstanding anything contained A it V o f order ' of in the Code of Civil Procedure, 1908, when the decree- ,908> attachment holder makes the application mentioned in section 113 and pto cla -the Corn t shall, il it admits the application under sale"'io he , u ' e ' 7 ^ r ^e r X XI in Schedule I to the said Code, issued. and orders execution of the decree as applied for, issue a combined ord er of attachm ent and proclama- ® tion n the pi escribed form. [(2) Notwithstanding anything contained in sub- a rule f2) of Rule 66 of Order XXI in Schedule I to the said Code it shall not be necessary for the Court to draw up the sale proclamation after notice to the jud gment-debtor in the case of lands ordered to be sold for arrears of rent due in respect thereof ] 1 I. Inseiteil by Assam Act XX VII of 1953 and existing sub-scctions (2) and (3) remembered as sub-sections (3) and (4) respec­ tively. 57 (3) Notwithstanding anything contained in sub* rules (1) and (2) of rule 67 of Order X X I in Schedule I to the said Code, the proclamation shall be publish­ ed in the following m anner :— (a) By fixing up a copy thereof in a conspicu­ ous place on the land comprised in the holding ordered to be sold, and (b) by affixing a copy thereo f in a conspicuous place at the Court-house of the issuing court [, an d]1 2 [(c) by sending in the prescribed form by regis­ tered post to the judgme nt-debto r a con­ cise statem ent of the ord er of attachm ent and proclamation at the time of issue of the order of attachment and proclam ation.]® (4) Notwithstanding anyth ing contained in rule 68 o f Order X XI in Schedule I to th e said Code, the sale shall not, without the consent in writing of the judgme nt-debto r, take place until after the expiration of at least 30 days calculated from the date on which the copy of the proclamation has been fixed up on the land comprised in the holding ordered to be sold.

Section 114 – The Assam (Temporarily Settled Districts) Tenancy Act, 1935 | DailyLaw.ai