CPC Section 74 — Resistance to execution

Civil

Summary

If a court is satisfied that a person who has won a decree for possession of land or a building, or who has bought such property in a court sale, is being stopped or blocked from taking possession by the person who lost the case or someone acting for them, and that the resistance has no valid reason, the court can order that person to be jailed for up to 30 days. The court can also order that the winner or buyer be given possession of the property.

Official Text

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.