(1) The interest of a tenant holding on special terms in Oudh of an exproprietary tenant, of an occupancy tenant, or of a hereditary tenant in his holding or in any part thereof may be sold in execution of a decree for arrears of the rent of such holding and, unless such interest is purchased by the landholder thereof, the purchaser shall, subject to the provisions of sub-section (3), have the same interest in such holding or such part and be subject to the same liabilities in respect of such holding or such part as the tenant.
(2) Before selling the interest of a tenant in a part only of his holding in accordance with the provisions of sub-section (1), the Court executing the decree shall, in accordance with rules made by the Board, distribute the rent of the holding over such part and the remainder of the holding.
(3) When such interest is sold either, -
(a) a sub-tenant of such holding; or
(b) an agricultural or other labourer or a servant of the village community who permanently resides in the village and does not belong to any of the classes mentioned in clause (c) to (e); or
(c) a person, who is not a proprietor or an under-proprietor in the village and who cultivates land and resides in the village; or
(d) the landholder; or
(e) a person who Is a proprietor or an under-proprietor in the village;
may in the above order of priority, within fifteen days of the date of sale, claim to take such interest at the highest bid :
Provided that where two or more persons belonging to the same class, being class mentioned in clause (a) or clause (c), claim to take such interest preference shall be given to the claimant who cultivates, the smallest area in the village; and when two or more such claimants cultivate the same area, preference shall be decided by lot:
Provided further that if two or more persons belonging to the same class, being a class mentioned in clause (b) or clause (e) claim up take such interest preference shall be decided by lot:
Provided also that if such interest is not claimed by such sub-tenant the landholder may within fifteen days of the sale claim to take such interest on payment of the highest bid together with a sum equal to five per cent thereon and such claim shall have priority over any other claim.
(2) Before selling the interest of a tenant in a part only of his holding in accordance with the provisions of sub-section (1), the Court executing the decree shall, in accordance with rules made by the Board, distribute the rent of the holding over such part and the remainder of the holding.
(3) When such interest is sold either, -
(a) a sub-tenant of such holding; or
(b) an agricultural or other labourer or a servant of the village community who permanently resides in the village and does not belong to any of the classes mentioned in clause (c) to (e); or
(c) a person, who is not a proprietor or an under-proprietor in the village and who cultivates land and resides in the village; or
(d) the landholder; or
(e) a person who Is a proprietor or an under-proprietor in the village;
may in the above order of priority, within fifteen days of the date of sale, claim to take such interest at the highest bid :
Provided that where two or more persons belonging to the same class, being class mentioned in clause (a) or clause (c), claim to take such interest preference shall be given to the claimant who cultivates, the smallest area in the village; and when two or more such claimants cultivate the same area, preference shall be decided by lot:
Provided further that if two or more persons belonging to the same class, being a class mentioned in clause (b) or clause (e) claim up take such interest preference shall be decided by lot:
Provided also that if such interest is not claimed by such sub-tenant the landholder may within fifteen days of the sale claim to take such interest on payment of the highest bid together with a sum equal to five per cent thereon and such claim shall have priority over any other claim.
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