Proclamation of sale of immovable property under R

FORM NO.70
(Rule-274 - Proclamation of sale of immovable property)
IN THE COURT OF THE _______________________________________________
E.P.NO.
OF 20
in
NO.
OF 20
Between:____________________________________________________Decree-Holder
And
____________________________________________________Judgement-Debtor
PROCLAMATION OF SALE
Whereas by a decree made in the above suit, and dated the______ day of
____________20___; the above named defendant was ordered to pay to the above
named plaintiff the sum of Rs._____________ and Rs.___________for costs of
suit, making in all the sum of Rs._____________together with interest thereon at
rate of Rs.______percent per annum from the said day until realization, and by an
order for sale, dated the_______day of______________immovable property
described in the schedule hereto was ordered to be sold by me in satisfaction of the
said decree. And whereas on the______day of___________20___(date fixed for
sale) there will be due there under the sum of Rs.______________ for principal and
interest
[And whereas by an order made in the above suit, and dated the _____day
of__________20___it was directed that the sale of the said property (or of lot No.
________) should be made subject to the rights of____________________
____________________________________(address & description) who claim
under mortgage, dated the______day of ____________20___ executed in favour
of the said ___________________________by _____________________to secure
the payment of a sum of Rs.______________with interest thereon at the rate of
Rs.______percent per annum; and, registered etc., to be entitled to payment of a
sum of Rs._____________with interest thereon from the_____day of
___________20___]
And whereas it is represented by the decree-holder that he caused to be
made in the Office of the Registrar of Assurances __________________from the
_____day______________to the______day of_________________and that the
documents registered in respect of the several lots opposite to which the same are
set and that the said lots are severally subject to the payments and claims set
opposite thereto respectively in the fifth column of the same schedule [and to the
leases and agreements specified in the seventh column]. I hereby notify that I
shall
sell
the
said
property
by
public
auction
at
_____________________________________________ (at the several lots),
subject to the conditions of sale hereunder, in the lots, and the times in the same
schedule specified copies of this proclamation may be had gratis of
_________________________________________
Contd..2nd
:: 2 ::
CONDITIONS OF SALE
1.
The conditions prescribed by the Code of Civil Procedure shall apply to the
sale.
2.
The highest bidder of each (lot) shall be the purchaser, and if any dispute
arises as to any bidding, the lots shall be put up again. The decree-holder shall (or
shall not) be at liberty to bid. No person shall advance a less sum at each bidding
than shall be named by auctioneer on putting-up the lot and no bidding shall be
retracted.
3.
Each purchaser shall immediately after the sale to him pay to the auctioneer
25 percent of the purchase money and shall pay the residue of the purchase money
to the auctioneer before _________p.m., on or before the fifteenth day after sale to
him.
4.
The property (or lot No.________) is sold subject to the mortgagee dated
the______day of______________above referred to, and to all claims and rights of
the said______________________________thereunder.
5.
The property is believed and shall be taken to be correctly described as to
quantity and otherwise, and any omission or misstatement in this proclamation shall
not annual the sale, or be a ground for any compensation on either side.
6.
Such of the documents of title in the possession of the decree-holder (or now
in Court) as relate exclusively to any lot will be delivered to the purchaser of such
lot. All other documents which relate exclusively to the property sold will be
delivered to the purchaser of lot No.________or such other person as the Court
may determine.
7.
The Certificate of the Registrar of Assurances of the result of the above
search, a copy of the decree under which the property is sold and copies of the
leases and agreements refereed to in column 7 of the schedule hereto, may be
inspected at the said Court on any day before the sale during office hours or at the
Office
of
the
auctioneer
at
___________________________________________________________________
(address) on any day before the sale between the hours of ___________and
________p.m., and whether the purchaser shall have inspected the same or not,
he shall be considered, by bidding at sale to have waived all objections appearing
on the face thereof.
8.
The further hearing of the above suit adjourned to the day of such day of
________________when the sale of will come before the court for confirmation.
On such day any purchaser may make any objection to the sale of which he shall
have given not less than five days previous notice in writing to the parties to the
suit. Any objection not so made shall be considered, as waived, and if no objection
be so made, the title shall be considered, as accepted, and the sale as valid in all
respects, and in this respect time shall be deemed to be the essence of the
contract.
Contdā€¦3rd
:: 3 ::
SCHEDULE
Day
and
hour of
sale
Number
of lot
Description
of property
Revenue or rent Assessed on land
Local Taxes and rates payable thereon
Interest of
Amount
Annual
the
now due
Judgement
debtor
Documents
registered
Date and
reference
to register
from
Found
Remarks
Short
description
of the
document
NOTE:- The tile deed relating to the property have not been filed in court and the purchaser
will take property subject to the risk of there being mortgages by deposit of tile deed or
mortgagees not encumbrance certificate.
Given under my hand and the seal of the Court, this_____ day of_________
20
JUDGE