Code of Civil Procedure, 1908 | Order XXI

Order XXI Rule 95 CPC - Delivery of Property in Occupancy of Judgment-Debtor

Order XXI Rule 95 of the Code of Civil Procedure, 1908 (CPC) governs delivery of possession of immovable property purchased at a court auction when it is occupied by the judgment-debtor or persons covered by the rule. It enables the auction purchaser to seek actual possession through the executing court after the sale certificate has been granted.

Text of Order XXI Rule 95 CPC

Where the immovable property sold is in the occupancy of the judgment-debtor or of some person on his behalf or of some person claiming under a title created by the judgment-debtor subsequently to the attachment of such property and a certificate in respect thereof has been granted under rule 94, the Court shall, on the application of the purchaser, order delivery to be made by putting such purchaser or any person whom he may appoint to receive delivery on his behalf in possession of the property, and, if need be, by removing any person who refuses to vacate the same.

Meaning and legal effect

Rule 95 applies when the property sold in execution is occupied by the judgment-debtor, someone acting on the judgment-debtor's behalf, or a person claiming through a title created by the judgment-debtor after attachment. Once the court has granted the sale certificate under Rule 94, the purchaser may apply for an order delivering possession. The court may direct removal of a person who refuses to vacate, subject to the rights and adjudication procedures applicable to any objection.

Key legal terms

Judgment-debtor: A person against whom a decree has been passed or an order capable of execution has been made; see Section 2(10) CPC.
Decree-holder: A person in whose favour a decree has been passed or an order capable of execution has been made; see Section 2(3) CPC.
Attachment: A court process by which property is brought under legal restraint for enforcement of a decree; its consequences depend on the applicable execution rules.
Sale certificate: The certificate issued to the purchaser under Order XXI Rule 94 after the court sale of immovable property has become absolute.
Actual possession: Physical delivery of the property to the purchaser or an authorized recipient, as distinguished from symbolic delivery under Rule 96.

Conditions for delivery under Rule 95

The immovable property has been sold in execution of a decree.
The sale has become absolute and a sale certificate has been granted under Order XXI Rule 94.
The property is occupied by a person within the categories specified in Rule 95.
The auction purchaser applies to the executing court for delivery of possession.

Procedure for an auction purchaser

The purchaser should apply to the executing court identifying the auction sale, the sale certificate, the property and the person in occupation. Upon satisfaction of the legal requirements, the court may issue a warrant or direction for delivery of possession through its executing officer. The purchaser may appoint another person to receive delivery. If possession is resisted or a person asserts an independent right, the court may have to determine the dispute under the relevant provisions of Order XXI rather than treating every occupant as removable without inquiry.

Order XXI Rule 92: When the execution sale becomes absolute or is set aside.
Order XXI Rule 94: Grant of a sale certificate to the purchaser.
Order XXI Rule 96: Delivery where the property is occupied by a tenant or another person entitled to occupy it, through the prescribed symbolic procedure.
Order XXI Rules 97 to 103: Resistance, obstruction, dispossession and adjudication of claims, including orders treated as decrees.
Article 134 of the Limitation Act, 1963: Prescribes one year from when the sale becomes absolute for an application for delivery of possession by a purchaser of immovable property at a sale in execution of a decree.

Rule 95 and Rule 96: the distinction

Rule 95 concerns actual physical possession where the occupants fall within its stated categories. Rule 96 deals with property occupied by a tenant or other person entitled to occupy it, and provides for delivery by affixing the sale certificate and proclaiming the substance of the certificate in the prescribed manner. A purchaser should identify the nature of occupation before choosing the appropriate application.

Official legal sources

Read the Code of Civil Procedure, 1908 on India Code and the Limitation Act, 1963 on India Code. Check the current central text and any applicable state or High Court amendments before relying on a provision in a specific proceeding.

This article provides general legal information, not advice on a particular execution case.