Resistance to Execution (Section 74)

Section 74: Resistance to execution.—

Where the Court is satisfied that the holder of a decree for the possession of immovable property or that the purchaser of immovable property sold in execution of a decree has been resisted or obstructed in obtaining possession of the property by the judgment-debtor or some person on his behalf and that such resistance or obstruction was without any just cause, the Court may, at the instance of the decree-holder or purchaser, order the judgment-debtor or such other person to be detained in the civil prison for a term which may extend to thirty days and may further direct that the decree-holder or purchaser be put into possession of the property.


IMPORTANT CASE LAW

1. Implementation of Section 74

Krishan Kumar Nath v. Sohan Brahm Nath, 2013 SCC OnLine Del 1629: “However, combing through the provisions of the CPC in this regard, I find the Code to have provided a remedy under Section 74 thereof. The same permits the Court, if satisfied that the holder of a decree for possession of immovable property or the purchaser of immovable property sold in execution of a decree, has been resisted or obstructed in obtaining possession of the property by the JD and that such resistance or obstruction are without any just cause, to order the JD to be detained in civil prison for a term extending to thirty days, in addition to putting the DH/purchaser into possession of the property.”


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