The document summarizes the rules regarding delivery of property in execution of a decree. It discusses: - Rules 79-81 deal with delivery of movable property, such as actual property seized, property in another's possession, debts, shares. - Rules 95-96 deal with delivery of immovable property, such as property occupied by the judgment debtor or their tenant. - Sections 74 and Rules 97-106 deal with resisting or obstructing delivery of possession to decree holders or purchasers, allowing the court to determine rights, pass orders granting or dismissing applications, and detaining resistants.

1. DELIVERY OF PROPERTY:EXECUTION
ORDER XXI
RULES 79 TO 81 – DELIVERY OF MOVABLE PROPERTY
RULES 95 & 96 - DELIVERY OF IMMOVABLE PROPERTY
BY- ALISHA VERMA
ASSISTANT PROFESSOR LAW
MANIPAL UNIVERSITY JAIPUR

2. WHAT DELIVERY ? WHICH PROPERTY?
This topic deals with delivery of the property in execution of a decree or order. The property which
has been sold in execution of a decree or which has to be delivered to the decree holder otherwise in
adherence with the decree.
• Rule 79 to 81 deal with the delivery of movable property
• Rule 95 & 96 deal with the delivery of Immovable property
• Section 74 and Rules 97 to 106 deal with resistance or obstruction to delivery of possession to
decree holders and auction purchasers.
I have provided two tables in next two slides to make it easy to remember.
First table deals with the rules related to “Delivery of Movable Property”.
Second table deals with the rules related to “Delivery of immovable Property”.

3. DELIVERY OF MOVABLE PROPERTY
S.No. Rule Kinds of property Mode of delivery
1. 79(1) Movable property actually
seized
By delivering it to the purchaser
2. 79(2) Movable property in possession
of any person other than the
judgment debtor
By giving notice to the person in possession prohibiting him from delivering
possession to any person except the purchaser
3 79(3) Debt not secured by a
Negotiable instrument
By written order prohibiting the creditor from receiving the debt or any
interest thereon and the debtor from paying it to any person except the
purchaser
4 79(3) Share in a corporation By an order prohibiting
(a) prohibiting the person in whose name the share may be standing from
making any transfer of the share to any person except the purchaser, or
receiving payment of any dividend or interest thereon,
(b) and the manager, secretary or other proper officer of the corporation from
permitting any such transfer or making any such payment to any person
except the purchaser.
5 80 Negotiable instruments and
shares
By executing a document or making an endorsement in the prescribed form
transferring in favour of the purchaser.
6 81 Any other property not By an order vesting such property in the purchaser

4. DELIVERY OF IMMOVABLE PROPERTY
S.No
.
Rule Kinds of property Mode of delivery
1 95 Immovable property occupied by
the judgment debtor or any person
claiming under him
By putting the purchaser in possession and
removing any person who refuses to vacate it
2 96 Immovable property occupied by a
tenant or other person
By affixing a copy of the sale certificate in a
conspicuous place on the property and
proclaiming to the occupant that the interest of
the judgment-debtor has been transferred to
the purchaser

5. RESISTANCE OR OBSTRUCTION TO
POSSESSION TO DECREE HOLDER
OR PURCHASER
RULE 97 TO 103

6. RESISTANCE OR OBSTRUCTION TO POSSESSION OF
IMMOVABLE PROPERTY [ RULE 97]
• Where the holder of a decree for the possession of immovable property or
• the purchaser of any such property sold in execution of a decree
• is resisted or obstructed by any person
• in obtaining possession of the property,
• he may make an application to the Court complaining of such resistance or
obstruction.

7. WHAT HAPPENS WHEN SUCH AN APPLICATION IS
FILED IN THE COURT? [RULE 101]
• All questions (including questions relating to right, title or interest in the
property)
• Arising between the parties to a proceeding or their representatives,
• On an application under rule 97 or rule 99,
• and relevant to the adjudication of the application,
• shall be determined by the Court dealing with the application and
• not by a separate suit and for this purpose,
• the Court shall, notwithstanding anything to the contrary contained in any other
law for the time being in force, be deemed to have jurisdiction to decide such
questions.

8. WHAT ORDERS MAY BE PASSED AFTER ADJUDICATION? [RULE 98]
• Make an order allowing the application and directing that the applicant be put
into the possession of the property
• Or dismissing the application;
• or pass such other order as, in the circumstances of the case, it may deem fit.
• the Court may also, at the instance of the applicant,
• order the judgment-debtor, to be detained in the civil prison for a term which
may extend to thirty days.

9. DISPOSSESSION BY DECREE-HOLDER OR
PURCHASER [RULE 99]
• (1) Where any person other than the judgment-debtor is dispossessed
• of immovable property by the holder of a decree
• for 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 of Rule 100.

10. ORDER TO BE PASSED UPON APPLICATION COMPLAINING OF
DISPOSSESSION [RULE 100]
• Upon the determination of the questions referred to in rule 101,
• the Court shall, in accordance with such determination,—
• (a) make an order
• allowing the application and directing that the applicant be put into the possession of
the property or
• dismissing the application; or
• (b) pass such other order as, in the circumstances of the case, it may deem fit.

11. ORDERS TO BE TREATED AS DECREES
[RULE 103]
• Where any application has been adjudicated upon
• under rule 98 or rule 100
• the order made thereon shall have the same force
• and be subject to the same conditions
• as to an appeal or otherwise as if it were a decree.

12. RULES NOT APPLICABLE TO TRANSFEREE
PENDENT LITE [RULE 102]
• Nothing in rules 98 and 100
• shall apply to resistance or obstruction in execution of a decree
• for the possession of immovable property
• by a person to whom the judgment-debtor has transferred the
property
• after the institution of the suit in which the decree was passed
• or to the dispossession of any such person.