Report No. 27
[Order XXI, rule 97, modified.]
Order XXI rules 98 to 103
For rules 98 to 103 of Order XXI of the First Schedule to the principal Act, the following rules shall be substituted, namely:-
"98. Order to be passed upon application complaining of resistance.-(1) Upon the determination of the questions referred to in rule 101, the Court shall, in accordance with such determination, and subject in the provisions of sub-rule (2),--
(a) allow the application and direct that the applicant be put into possession of the property; or
(b) dismiss the application; or
(c) pass such order as in the circumstances of the case it deems fit.
[Order XXI, rule 99, modified.]
(2) Where upon such determination the Court is satisfied that the resistance or obstruction was occasioned without any just cause by the judgment-debtor or by some other person at his instigation or on his behalf, it shall direct that the applicant be put into possession of the property, and where the applicant is still resisted or obstructed in obtaining possession, the Court may also, at the instance of the applicant order the judgment-debtor, or any person acting at his instigation or on his behalf, to be detained in the civil prison for a term which may extend to thirty days.
[Cf. Order XXI, rule 98.]
99. Dispossession by decree-holder or purchaser.-(1) Where any person other than the judgment-debtor is dispossessed of immovable property by the holder of a decree for the possession of such property or, where such property has been sold in execution of a decree, by the purchaser thereof, he may make an application to the Court complaining of such dispossession.
(2) Where any such application is made, the Court shall proceed to adjudicate upon the application in accordance with the provisions herein contained.
[Order XXI, rule 100, modified.]
100. Order to be passed upon application complaining of dispossession.-Upon the determination of the questions referred to in rule, 101, the Court shall, in accordance with such determination,-
(a) allow the application and direction applicant be put back into possession of property; or
(b) dismiss the application; or
(c) pass such order as in the circumstances of the case it deems fit.
[New.]
