Section 74 of The Code of Civil Procedure, 1908
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.
Summary
- This section gives the court power to punish anyone who groundlessly stops a legal property handover.
- It applies when a person who won a court case or bought property at an official auction is blocked from taking possession.
- The court can order the person causing the obstruction to be held in a civil prison for up to thirty days.
- Besides the jail time, the court can also give a direct order to put the rightful owner in physical possession of the property.
Practical examples
FAQ
1. What is the maximum jail time for resisting a court order under Section 74 of the Code of Civil Procedure, 1908?
Under Section 74 of the Code of Civil Procedure, 1908, a person who resists or obstructs the execution of a property decree without just cause can be detained in civil prison for a term of up to thirty days.
2. Can a court physically force a handover of property under Section 74 of the Code of Civil Procedure?
Yes, Section 74 of the Code of Civil Procedure, 1908, allows the court to direct that the decree-holder or purchaser be put into actual possession of the property after dealing with the person who was resisting.
3. Does Section 74 of the Code of Civil Procedure, 1908 apply to people acting on behalf of a judgment-debtor?
Yes, Section 74 of the Code of Civil Procedure, 1908, covers resistance from the judgment-debtor or any person acting on their behalf.
Test yourself
1.Under Section 74 of the Code of Civil Procedure, 1908, what is the maximum duration for which a person can be detained in civil prison for obstructing the possession of immovable property?
2.For a court to order detention under Section 74 of the Code of Civil Procedure, 1908, what must be true about the resistance or obstruction?
3.Under Section 74 of the Code of Civil Procedure, 1908, which of the following is an additional action the court can take besides ordering jail time?
4.To whom does the protection of Section 74 of the Code of Civil Procedure, 1908, apply when they are being resisted?