CF Rules 56Chapter VI · Dispute and Arbitration
Section 56 · Transfer of property which cannot be sold
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(1)
When, in execution of an order sought to be executed under Section 71, any property cannot be sold for want of buyers, if such property is in the possession of the defaulter or of some person on his behalf, or of some persons claiming it under a title created by the defaulter subsequent to the issue of the certificate by the Registrar under Clause (a) or (b) of the said section, the officer conducting the execution shall as soon as practicable report the fact to the court or the Collector or the Registrar, as the case may be, and the judgement creditor applying for the execution of the said order.(2)
On receipt of a report under sub-rule (1), the judgement creditor may, within six months from the date of the receipt of the report or within such further period as may for sufficient reasons be allowed in any particular case by the Court or the Collector or the Registrar, submit an application in writing to the Court, the Collector or the Registrar, as the case may be, stating whether or not he agrees to take over such property.(3)
On receipt of an application under sub-section (2), notices shall be issued to the defaulter and to all persons known to be interested in the property, including those whose names appear in the Record of Rights as persons holding any interest in the property, about the intended transfer.(4)
On receipt of such a notice, the defaulter, or any person owning such property, or holding an interest therein by virtue of a title required before the date of the issue of a certificate under Section 71 may, within one month from the date of the receipt of such notice, deposit with the Court or the Collector or the Registrar, for payment to the foreman a sum equal to the amount due under the order or sought to be executed together with interest therein and such additional sum for payment of costs and other incidental expenses as may be determined in this behalf by the Court or the Collector or the Registrar, as the case may be.(5)
On failure of the defaulter, or any person interested, or any person holding any interest in the property to deposit the amount under sub-rule (4), the Court or the Collector or the Registrar, as the case may be, shall direct the property to be transferred to the judgement creditor on the conditions stated in the certificate in Form XIX.(6)
The certificate granted under sub-rule (5), shall state whether the property is transferred to the judgement creditor in full or partial satisfaction of the amount due to him from the defaulter.(7)
If the property is transferred to the judgement creditor in partial satisfaction of the amount due to him from the defaulter, the Court or the Collector or the Registrar, as the case may be, shall on the production by the judgement creditor of a certificate signed by the Registrar, recover the balance due in the manner laid down in Section 71.(8)
The transfer of the property under sub-rule (5) shall be effected as follows:(i)
in the case of movable property-(a)
where the property is in the possession of the dealer himself or has been taken possession of on behalf of the Court or the Collector or the Registrar, it shall be delivered to the judgement creditor;(b)
where the property is in the possession of some person on behalf of a defaulter, the delivery thereof shall be made by giving notice to the person in possession directing him to give actual peaceful possession to the judgement creditor and prohibiting him from delivering possession of the property to any other person;(c)
the property shall be delivered to a person authorised by the party to the possession on behalf of the judgement creditor;(ii)
in the case of immovable property-(9)
The judgement creditor shall be required to pay expenses incidental to sale including the close of maintenance of live-stock, if any, according to such scale as may be fixed by the Registrar from time to time.(10)
Where land is transferred to the judgement creditor under sub-Clause (a) of Clause (ii) of sub-rule (8) before the growing or standing crop is cut and gathered, the judgement creditor shall be liable to pay the current year's land revenue on the land.(11)
The judgement creditor shall forthwith report any transfer of property under sub-Clause (b) or (c) of Clause (ii) of sub-rule (8) to the village accountant for information and entry in the Record of Rights.(12)
The judgement creditor to whom property is transferred under sub-rule (5) shall maintain for each such defaulter a separate account showing all the expenses incurred including payment to outside encumbrances, land revenue and other dues on the property and all the income derived from it.(13)
The judgement creditor to whom property is transferred under sub-rule (5) shall use his best endeavour to sell the property as soon as practicable to the best advantage of the foreman as well as that of the defaulter, the first option being always given to the defaulter who originally owned the property. The sale shall be subject to confirmation by the Registrar. The proceeds of the sale shall be applied to defraying the expenses of the sale and other expenses incurred by the judgement creditor and referred to in sub-rules (9) and (12) and to the payment of the arrears due by the defaulter under the order in execution, and the surplus (if any) shall then be paid to the defaulter.(14)
Until the property is sold, the judgement creditor to whom the property is transferred under sub-rule (5) shall use his best endeavours to least it or to make any other use that can be made of it so as to derive the largest possible income from the property.(15)
When the judgement creditor to whom property is transferred under sub-rule (5) has realised all his dues, under the order in execution of which the property was transferred from the proceeds of management of the property, the property, if unsold, shall be restored to the defaulter.Your private note on this section
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