Rule 96 of CPC : Rule 96: Delivery of property in occupancy of tenant.

Explanation using Example

Example 1:

Scenario: Rajesh, a landlord, has a property that he rented out to Suresh. Due to financial difficulties, Rajesh's property was auctioned off by the court to recover debts he owed to a bank. The property was purchased by Meena at the auction.

Application of Rule 96:

1. Certificate of Sale: Meena receives a certificate of sale from the court under Rule 94.
2. Application for Delivery: Meena applies to the court for delivery of the property.
3. Court Order: The court orders that a copy of the certificate of sale be affixed in a conspicuous place on the property.
4. Proclamation: The court also orders that the transfer of interest from Rajesh (the judgment-debtor) to Meena (the purchaser) be proclaimed to Suresh (the tenant) by beat of drum or other customary mode at a convenient place.

Outcome: Suresh is officially informed that Meena is now the owner of the property, and he must recognize her as the new landlord.

Example 2:

Scenario: Priya owns a commercial building that she leased to a retail store run by Anil. Priya defaulted on a loan, and the court ordered the sale of her building to recover the debt. The building was bought by Ramesh at the court auction.

Application of Rule 96:

1. Certificate of Sale: Ramesh is granted a certificate of sale by the court under Rule 94.
2. Application for Delivery: Ramesh submits an application to the court for the delivery of the property.
3. Court Order: The court directs that a copy of the certificate of sale be posted in a visible location on the commercial building.
4. Proclamation: The court further orders that the transfer of ownership from Priya (the judgment-debtor) to Ramesh (the purchaser) be announced to Anil (the tenant) through a public proclamation, such as beating a drum or another customary method.

Outcome: Anil is formally notified that Ramesh is the new owner of the commercial building, and he must now pay rent to Ramesh and acknowledge him as the landlord.