SECTION 65, 67 OF CODE OF CIVIL PROCEDURE 1908

What is Purchaser's title? What is the Power for State Government to make rules as to sales of land in execution of decrees for payment of money? Section 65 and 67 of Code of Civil Procedure 1908

Purchaser's title and Power for State Government to make rules as to sales of land in execution of decrees for payment of money are defined under Section 65 and 67 of Code of Civil Procedure 1908. Provisions under these Sections are:


 

Section 65 of Code of Civil Procedure 1908 "Purchaser's title"

Where immovable property is sold in execution of a decree and such sale has become absolute, the property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the sale becomes absolute.

 

Section 67 of Code of Civil Procedure 1908 "Power for State Government to make rules as to sales of land in execution of decrees for payment of money"

(1) The State Government may, by notification in the Official Gazette, make rules for any local area imposing conditions in respect of the sale of any class of interests in land in execution of decrees for the payment of money, where such interests are so uncertain or undermined as, in the opinion of the State Government to make it impossible to fix their value.

(2) When on the date on which this Code came into operation in any local area, any special rules as to sale of and in execution of decrees were in force therein, the State Government may, by notification in the Official Gazette, declare such rules to be in force, or may by a like notification, modify the same.

Every notification issued in the exercise of the powers conferred by this sub-section shall set out the rules so continued or modified.

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature.

Delegation to Collector of power to execute decrees against immovable property

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