Order XXI Rule 96 CPC - Delivery of Property Occupied by Tenant

Order XXI Rule 96 of the Code of Civil Procedure, 1908 governs delivery of immovable property purchased at a court auction when a tenant or another person entitled to occupy it remains in possession.

Text of Order XXI Rule 96 CPC

Meaning and purpose of Rule 96

This rule provides for symbolic or constructive delivery of possession after an execution sale. The auction purchaser obtains formal recognition of the transfer of the judgment-debtor's interest, while the lawful occupant is not automatically physically evicted merely because the property was sold.

Conditions for delivery under Rule 96

1. The immovable property must have been sold in execution of a decree.
2. The property must be occupied by a tenant or another person legally entitled to remain in occupation.
3. The court must have issued a sale certificate under Order XXI Rule 94 CPC.
4. The purchaser must apply to the executing court for delivery.

Procedure followed by the executing court

On the purchaser's application, the court orders a copy of the sale certificate to be affixed at a conspicuous location on the property. The transfer of the judgment-debtor's interest is also proclaimed to the occupant by beat of drum or another customary method at a convenient place. This is not the same as a warrant to remove a lawful tenant.

Difference between Rule 95 and Rule 96

Order XXI Rule 95 concerns actual delivery of possession where the property is occupied by the judgment-debtor, someone acting on their behalf, or a person claiming under a title created after attachment. Rule 96 applies where the property is occupied by a tenant or other person entitled to occupy it, and ordinarily provides symbolic delivery instead.

Rights of tenants and other lawful occupants

A court auction does not, by itself, extinguish every valid tenancy or other enforceable right of occupation. The auction purchaser generally acquires the judgment-debtor's transferable interest subject to rights that legally bind the purchaser. Whether a particular tenancy survives depends on its validity, timing, applicable rent-control legislation and other relevant law.

Related provisions

Order XXI Rule 92: deals with when a court sale becomes absolute or is set aside. Rule 94: provides for a sale certificate after the sale becomes absolute. Rules 97 to 103: govern objections, resistance, dispossession and adjudication of competing rights in execution proceedings.

Section 65 CPC addresses when property sold in execution is deemed vested in the purchaser, subject to the statutory conditions. Section 47 CPC concerns questions relating to execution, discharge or satisfaction of a decree between the parties to the suit or their representatives.

Official legal sources

Read the Code of Civil Procedure, 1908 on India Code and consult the relevant court rules and applicable state amendments. For judgments, use the Supreme Court of India official website.

Frequently asked questions

Can an auction purchaser evict a tenant under Rule 96?

Rule 96 itself provides symbolic delivery, not automatic physical eviction of a tenant lawfully entitled to occupy the property. Any eviction must have an independent legal basis and follow the applicable procedure.

Is a sale certificate necessary?

Yes. Rule 96 expressly requires a certificate granted under Order XXI Rule 94 before delivery is ordered under this rule.

What if someone obstructs possession?

Depending on the facts, the remedies under Order XXI Rules 97 to 103 may be relevant. The executing court must consider the occupant's rights rather than assume that every occupant is removable.

This article is general legal information. Local amendments, court orders and case-specific rights may affect the outcome.