Bare ActsThe PUDUCHERRY CO-OPERATIVE SOCIETIES ACT, 1972

Section 109

Delivery of property to purchaser

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

Delivery of property to purchaser.- (1) Where the mortgaged property sold is in the occupancy of the mortgagor 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 mortgagor subsequent to the mortgage in favour of the Land Development Bank and a certificate in respect thereof has been granted under section 108, the Court 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. 102 (2) Where the property sold is in the occupancy of a tenant or other person entitled to occupy the same and a certificate in respect thereof has been granted under section 108, the Court 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 mortgagor has been transferred to the purchaser. (3) In regard to the cases dealt within sub-sections (1) and (2) the provisions of rules 97 to 103 of order XXI of the First Schedule to the Code of Civil Procedure, 1908(Central Act 5 of 1908), shall, mutatis mutandis and so far as may be, apply. Explanation: In this section, "Court" shall have the same meaning as in section 107.

Section 109 – The PUDUCHERRY CO-OPERATIVE SOCIETIES ACT, 1972 | DailyLaw.ai