Rule 36 of CPC : Rule 36: Decree for delivery of immovable property when in occupancy of tenant.

CPC

JavaScript did not load properly

Some content might be missing or broken. Please try disabling content blockers or use a different browser like Chrome, Safari or Firefox.

Explanation using Example

Example 1:

Scenario: Rajesh owns a piece of agricultural land in Maharashtra, which he has leased to a tenant, Suresh, for farming. Rajesh wins a court case against a third party, Anil, who had illegally occupied the land. The court issues a decree for the delivery of the land back to Rajesh.

Application of Rule 36: Since Suresh, the tenant, is legally occupying the land and is not bound by the decree to leave, the court orders the delivery of the land to Rajesh by:

  1. Affixing a copy of the warrant on a prominent place on the land.
  2. Announcing the substance of the decree to Suresh and any other occupants by beating a drum or using another customary method at a convenient location.

Example 2:

Scenario: Priya owns a commercial building in Delhi, which she has rented out to multiple tenants for running their businesses. Priya wins a legal battle against a former business partner, Vikram, who had taken over the building unlawfully. The court decrees that the building should be returned to Priya.

Application of Rule 36: Since the tenants are legally occupying their respective spaces and are not required to vacate under the decree, the court orders the delivery of the building to Priya by:

  1. Affixing a copy of the warrant in a conspicuous place on the building.
  2. Proclaiming the substance of the decree to the tenants and any other occupants by beating a drum or using another customary method at a convenient place.

Example 3:

Scenario: Meera owns a residential property in Bangalore, which she has rented out to a family. Meera wins a court case against a squatter, Ramesh, who had been living in a part of the property without permission. The court issues a decree for the delivery of the property back to Meera.

Application of Rule 36: Since the family renting the property is legally occupying it and is not required to leave under the decree, the court orders the delivery of the property to Meera by:

  1. Affixing a copy of the warrant in a prominent place on the property.
  2. Announcing the substance of the decree to the family and any other occupants by beating a drum or using another customary method at a convenient location.