Rule 35 of CPC : Rule 35: Decree for immovable property.

CPC

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Explanation using Example

Example 1:

Scenario: Rajesh wins a court case against his tenant, Suresh, who has refused to vacate Rajesh's property despite the lease agreement ending.

Application of Rule 35:

  1. Decree for Delivery of Immovable Property: The court issues a decree in favor of Rajesh, ordering Suresh to vacate the property.
  2. Execution of Decree: Rajesh approaches the court to execute the decree. The court sends an officer to deliver possession of the property to Rajesh.
  3. Removal of Person Bound by Decree: Suresh refuses to vacate the property. The court officer, with the help of local police if necessary, removes Suresh from the property and hands over possession to Rajesh.

Example 2:

Scenario: Meena and her brother Ravi jointly inherit a piece of agricultural land from their deceased father. However, Ravi has been occupying the entire land and not allowing Meena to access her share.

Application of Rule 35:

  1. Decree for Joint Possession of Immovable Property: Meena files a suit for joint possession, and the court issues a decree granting her joint possession of the land.
  2. Execution of Decree: The court officer goes to the land and affixes a copy of the warrant in a conspicuous place on the property.
  3. Proclamation: The officer proclaims the substance of t...

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