95. Delivery of property in occupancy of judgment debtor.- Where the immovable property sold is in the occupancy of the judgment debtor or of some person on his behalf or of some person claiming under a title created by the judgment debtor subsequently to the attachment of such property and a certificate in respect thereof has been granted under rule 94, the court shall, on the application of the purchaser, Order delivery to be made by putting such purchaser or any person whom he may appoint to receive delivery on his behalf in possession of the property, and, if need be, by removing any person who refuses to vacate the same. HIGH COURT AMENDMENT Madras.- Rule 95 shall be renumbered as sub-rule (1) of that rule, and to the rule as so renumbered, the following sub-rule shall be added, namely; “(2) Where delivery of possession of a house is lobe given and it is found to be locked, orders of Court shall be taken for breaking open the lock and for delivery of possession of the same to the purchaser. If it is found at the time of delivery, that there are movables in the house to which the purchaser has no claim and the judgment-debtor is absent or, if present, does not immediately remove the same, the Officer entrusted with their warrant for delivery shall make an inventory of the articles so found with their probable value in the presence of respectable person on the spot, have the same attested by them and leave the movables in the custody of the purchaser after taking a bond from him for keeping the articles in safe custory pending order of Court and disposal of the same. The Officer shall then make a report to the Court and forward therewith the attested inventory taken by him.
The Court shall thereupon issue a notice to the judgment-debtor requiring him to take delivery of the said movables within thirty days from the date of the notice and, in default they will be sold in public auction at his risk and the proceeds applied for meeting all legitimate expenses of custody and sale and the balance, if any, will be refunded to judgment-debtor: Provided that, if movable articles referred to above are perishable, the Officer shall sell them in public auction immediately and bring the proceeds into Court. The notice to judgment-debtor shall in such case call upon him to receive the amount from Court within three months.” (17-8-1966).
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