41. On the date specified in the notice referred to in section 40, the person responsible for the sale shall, in terms of the commission or order for sale issued to him, and in accordance with the conditions of sale prescribed and the orders issued by the court under section 39-
(a) first put up the land or, where the land is to be sold in lots, put up each lot to auction among the co-owners thereof, and if the highest bid made at that auction is not less than the value of the land or of that lot determined by the court under section 38, declare the co-owner by whom that bid was made to be the purchaser of the land or of that lot; and |
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(b) if no co-owner becomes the purchaser of the land or of any lot, put the land or that lot up to public auction, permit the co-owners to bid thereat, and declare the highest bidder at such public auction to be the purchaser of the land or of that lot. |
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