Section 109:
Rules for sale of immoveable property.
When immoveable property is sold under this Act, the
rules prescribed in sections 287, 288, 293 and 306 to 316, both inclusive, of the Code of Civil Procedure
shall be followed, except in the following particulars (that is to say):--
(a) The defaulter may pay the arrear in respect of which the land is to be sold at any time before
the day fixed for the sale, and on such payment the sale shall be stayed.
(b) The proclamation directed by the said section 287 shall, when the sale is under clause (f),section
ninety-four, of this Act, declare that, subject to the provisions of section one hundred and eight, the full
proprietorship, or superior or inferior proprietorship, as the case may be, is to be sold free from all
leases, liens, and other incumbrances, and the certificate mentioned in section 316 of the said Code
shall contain a similar statement.
(c) The last two clauses of the said section 287 shall not apply.
(d) An appeal from any order under section 312 of the said Code for confirming or setting aside the
sale shall lie to the Commissioner of the Division, and an appeal from the Commissioner's order on
such appeal shall lie to the Chief Commissioner.
(e) The Deputy Commissioner may, from time to time postpone any sale which he has proclaimed,
reporting such postponement to the Commissioner of the Division.
(f) Section 309 of the said Code shall be read as if, after the words “for such payment,” the words
"and every sale of such property made after a postponement” were added.
(g) Section 313 of the said Code shall not apply to sales under section ninety-four, clause (f), of
this Act.
(h) Section 316 of the said Code shall be read as if the words “The Deputy Commissioner shall
place the purchaser in possession of the lands which he has purchased” were added thereto.