The Code Of Civil Procedure 1908
Order 21 :
Rule 35 :
Decree for immovable property :
(1) Where a decree is for the delivery of any immovable property, possession thereof shall be delviered to the party to whom it has been adjudged, or to such person as he may appoint to receive delivery on his behalf, and, if necessary, by removing any person bound by the decree who refuses to vacate the property.
(2) Where a decree is for the joint possession of immovable property, such possession shall be delivered by afixing a copy of the warrant in some conspicuous place on the property and proclamining the beat of drum, or other customary mode, at some convenient place, the substance of the decree.
(3) Where possession of any building on enclosure is to be delivered and the person in possession, being bound by the decree, does not afford free access, the Court, through its officers, may, after giving reasonable warning and facility to any woman not appearing in public according to the customs of the country to withdraw, remove or open any lock or bolt or break open any door or do any other act necessary for putting the decree-holder in possession.
State Amendment :
High Court Amendments-[Himachal Pradesh] :
To sub-rule (1), proviso be added as under:-"Provided that before issuing a warrant for delivery of possession of immovable property, the Court executing the decree shall issue a notice to the person against whom execution is applied for requiring him to show cause, on a date to be fixed, why the decree should not be executed against him."-(23-4-1988).
[Madras] :
In Order 21 in the First Schedule of the Code of Civil Procedure, 1908-
(1) After sub-rule (3) of rule 35, the following sub-rule shall be added, namely:
"(4) Where delivery of possession of a house is to be given and it is found to be locked, orders of Court shall be taken for breaking open the lock and for delivery of possession of the same to the decree-holder.
If it is found at the time of delivery that there are movables in the house to which the decree-holder has no claim and the judgment-debtor is absent, or if present, does notimmediately remove the same, the officer entrusted with the warrant for delivery shall make an inventory of the articles so found with their probable value, in the presence of respectable person on the spot, have the same attested by them and leave the movables in the custody of the decree-holder after taking a bond from him for keeping the articles in safe custody pending orders of Court for disposal of the same.
The officer shall then make a report to the Court and forward therewith the attested inventory taken by him.
The Court shall, thereupon, issue a notice to the judgment-debtor requiring him to take delivery of the said movables within thirty days from the date of the notice and in default they will be sold in public auction at his risk and the proceeds applied for meeting all legitimate expenses of custody and sale and the balance, if any, will be refunded to the judgment-debtor:
Provided that if movable articles referred to above are perishable, the officer shall sell them in public auction immediately, and bring the proceeds into Court. The notice to the judgment-debtor shall in such a case call upon him to receive the amount from Court within three months."-(17-8-1966).
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