10. Mode of taking possession of immoveable property. -(1) Where any evacuee property, which vests in the Custodian, is in the possession of either the evacuee himself or any other person, whether holding on behalf of or under the evacuee or otherwise, but having no lawful title to the possession of such property enforceable against the Custodian, possession may be taken by evicting the person in possession of such property in accordance with the mariner provided in the Act and these rules.
(2) Where such property is, at the time aforesaid, in the possession of one or more tenants or one or more lessees or licensees whom the Custodian cannot eject or, for any reason, does not want to eject, possession may be taken by serving on the tenants or the lessees or the licensees a notice directing them to pay the rent of the lease-money or the licence-fee, as the case may be, to the Custodian or to any person authorized by him to receive such payment. The notice may be served in any manner provided in rule 25.
Where such property is an undivided share in joint property-
(a) If under some arrangement inter se the co-sharers, the evacuee was in separate possession of any part of the joint property, possession may be taken of such part in accordance with the manner provided in sub-rule (1) or sub-rule (2), whichever is applicable;
(b) In any other case, constructive possession be taken by affixing a copy of the warrant for possession on a conspicuous part of the property, and if considered necessary by proclamation, by beat of drum in the locality in which the property is situated:
Provided that where the share of the evacuee in such property exceeds one-half of the whole property, possesstion of the whole property may be taken in the manner provided in sub-rule (1) or sub-rule (2), whichever is applicable.
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