Section 16
(1) Where the mortgaged property sold is in the actual possession of the mortgagor or of some person on his behalf or of some person claiming under a title other than a lease for a period not exceeding three years created by the mortgagor subsequent to the mortgage in favour ofthe Mortgage Bank and a certificate in respect thereof has been granted under Section 15, the court shall on the application of the purchaser, order delivery of the property to be made by putting such purchaser or his agent specially appointed in writing for the purpose in possession of the property.
16. (1) Where the mortgaged property sold is in the actual possession of the mortgagor or of some person on his behalf or of some person claiming under a title other than a lease for a period not exceeding three years created by the mortgagor subsequent to the mortgage in favour ofthe Mortgage Bank and a certificate in respect thereof has been granted under Section 15, the court shall on the application of the purchaser, order delivery of the property to be made by putting such purchaser or his agent specially appointed in writing for the purpose in possession of the property.
(2) Where the property sold is in the occupation of a tenant or other person entitled to occupy the same and a certificate in respect thereof has been granted under Section 15, the court shall, on the application of the purchaser, and after notice to such tenant or other person, order delivery to be made to the purchaser by affixing a copy of the certificate of sale in some conspicuous place on the property and proclaiming to the occupant and the public by beat of drum or other customary mode at some convenient place that the interest of the mortgagor has been transferred to the purchaser.
(3) In regard to the cases dealt within sub. sections (1) and (2), the provisions of rules 97 to 103 of Order XXI of the first schedule to the Code of Civil Procedure, 1908 shall, mutatis mutandis and so far as may be, apply.
Explanation: -In this Section "Court" shall have the same meaning as in Section 14 .
Act of 1908
Appoir.t· ment 01 Receive1 an1 his powers