1230
Sale of immovable property made absolute,
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
shall be set aside on the ground of such irregularity unless the applicant proves, to the satisfaction of the Court, that he has sustained substantial injury by reason of such irregularity.
429.-(1) If no such application is made, the sale shall be deemed absolute.
(2) If such application is made and the objection is disallowed, the Court shall make an order confirming the sale.
(3) If such application is made and the objection is allowed, the Court shall make an order setting aside the sale for irregularity.
H. K. Code, s. 78 (3).
Repayment of deposit, etc., when sale of immovable property is set aside. [ib. s. 78 (4).]
Granting of certificate to purchaser when sale of immovable property becomes absolute. [ib. s. 78 (5).]
430. Whenever a sale of immovable property is set aside for irregularity, the purchaser shall be entitled to receive back any money deposited or paid by him on account of such sale, with or without interest, to be paid by such parties and in such manner as it may appear proper to the Court to direct.
431.—(1) After a sale of immovable property has become absolute in manner aforesaid, the Court shall grant a certificate to the person who has been declared the purchaser at such sale to the effect that he has purchased the right, title, and interest of the judgment debtor in the property sold.
(2) Such certificate shall be liable to the same stamp duty as an assignment of the same property, and, when duly stamped as aforesaid, shall be taken and deemed to be a valid transfer of such right, title, and interest, and may be registered in the Land Office under the Land Registration Ordinance, 1844 (No. 1 of 1844).
Delivery to purchaser of immovable property sold in execution. [ib. s. 78 (8), (9).]
432.—(1) Where the property sold consists of immovable property in the occupancy of the judgment debtor, or of some person on his behalf, or of some person claiming under a title created by the judgment debtor subsequently to the attachment of the property, the Court shall, on the application of the purchaser, order delivery of the property to be made by putting the party to whom the property has been sold, or any person whom he may appoint to receive delivery on his behalf, in possession thereof, and, if necessary, by removing any person who may refuse to vacate the same.
(2) Where the property sold consists of immovable property in the occupancy of any other person entitled to occupy the same, the Court shall, on the application of the purchaser, order delivery thereof to be made by affixing a copy of the certificate of sale in some conspicuous place on the property or at the Court House.
1230
Sale of immovable
property made
absolute,
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
shall be set aside on the ground of such irregularity unless the applicant proves, to the satisfaction of the Court, that he has sustained substantial injury by reason of such irregularity.
429.-(1) If no such application is made, the sale shall be deemed absolute.
(2) If such application is made and the objection is disallowed, the confirmed, or Court shall make an order confirming the sale.
set aside.
H. K. Code, s. 78 (3).
Repayment
of deposit, etc., when sale of
immovable property is set aside. [ib. s. 78 (4).]
Granting of certificate to purchaser
when sale of immovable
property
becomes
absolute.
[ib. s. 78 (5).]
(3) If such application is made and the objection is allowed, the Court shall make an order setting aside the sale for irregularity.
430. Whenever a sale of immovable property is set aside for ir- regularity, the purchaser shall be entitled to receive back any money deposited or paid by him on account of such sale, with or without interest, to be paid by such parties and in such manner as it may appear proper to the Court to direct.
431.—(1) After a sale of immovable property has become absolute in manner aforesaid, the Court shall grant a certificate to the person who has been declared the purchaser at such sale to the effect that he has purchased the right, title, and interes of the judgment debtor in the property sold.
(2) Such certificate shall be liable to the same stamp duty as an assignment of the same property, and, when duly stamped as aforesaid, shall be taken and deemed to be a valid transfer of such right, title, and interest, and may be registered in the Land Office No. 1 of 1844. under the Land Registration Ordinance, 1844.
Delivery to purchaser of immovable
property sold
in execution.
[ib. s. 78 (8), (9).]
432.—(1) Where the property sold consists of immovable pro- perty in the occupancy of the judgment debtor, or .of some person on his behalf, or of some person claiming under a title created by the judgment debtor subsequently to the attachment of the pro- perty, the Court shall, on the application of the purchaser, order delivery of the property to be made by putting the party to whom the property has been sold, or any person whom he may appoint to receive delivery on his behalf, in possession thereof, and, if neces- sary, by removing any person who may refuse to vacate the same.
(2) Where the property sold consists of immovable property in the occupancy of any other
entitled to occupy the same, the person Court shall, on the application of the purchaser, order delivery thereof to be made by affixing a copy of the certificate of sale in some conspicuous place on the property or at the Court House.
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