Section 16
(1) Notwithstanding anything in the Code of Civil Procedure. Act V of 1908, when the land of an agriculturist is sought to be sold in execution of a decree to which this Act applies the court executing the decree shall proceed in accordance with the provisions of the following sub-sections :
16. (1) Notwithstanding anything in the Code of Civil Procedure. Act V of 1908, when the land of an agriculturist is sought to be sold in execution of a decree to which this Act applies the court executing the decree shall proceed in accordance with the provisions of the following sub-sections :
Provided that if at any time before such land is transferred in accordance with the provisions of this section, such agriculturist applies in writing to the court executing the decree stating that he desires to have the land put to sale, the court shall sell it in accordance with the provisions of the Code of Civil procedure, 1908.
(2) Where such decree is based on a loan made before the first day of January, 1931, or where it is based on a series of transaction any of which took place before that date, the court shall, in accordance with rules made by the [State Government] 1 determine the annual value of such land in the agricultural year 1337 Fasli and in the agricultural year in which the decree is sought to be executed by sale and shall calculate the value of such land by multiplying whichever of these annual values is the greater by the prescribed multiple.
(3) In the case of any other decree to which this Act applies the court shall in accordance with rules made by the (State Government) 1 determine the annual value of such land in the year in which the decree is south to be executed by sale and shall calculate the value of such land by multiplying the annual values by the prescribed multiple.
(4) If the value so determined is less than or equal to the amount of such decree together with the proportionate amount of any prior encumbrance, the court shall transfer such land to the decreeholder.