AD. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
735
certificate to
481(1.) After a sale of immovable property has become absolute in the manner aforesaid, the Court shall grant a certificate to the person who has been declared the purchaser at such sale to the effect that he has purchased the right, title, and interest of the judgment debtor in the property sold.
(2) Such certificate shall be liable to the same stamp duty as an assignment of the same property, and, when duly stamped as aforesaid, shall be taken and deemed to be a valid transfer of such right, title, and interest, and may be registered in the Land Office under the Land Registration Ordinance, 1844.
immovable property becomes absolute, and effect thereof. H. K. Code, s. 78 (5.)
No. 1 of 1844.
432.-(1.) Where the property sold consists of immovable property 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 the property, the Court shall, on the application of the purchaser, order delivery of the property to be made by putting the party to whom the property has been sold, or any person whom he may appoint to receive delivery on his behalf, in possession thereof, and, if necessary, by removing any person who may refuse to vacate the same.
(2.) Where the property sold consists of immovable property in the occupancy of any other person entitled to occupy the same, the Court shall, on the application of the purchaser, order delivery thereof to be made by affixing a copy of the certificate of sale in some conspicuous place on the property or at the Court House.
(9.). where resisted by purchaser
433.-(1.) If the purchaser of any immovable property sold in execution of a judgment is, notwithstanding the order of the Court, resisted or obstructed in obtaining possession of the property, the provisions of this Chapter relating to resistance or obstruction to the execution of a judgment for immovable property shall be applicable in the case of such resistance or obstruction.
(2) If it appears that the resistance or obstruction to the delivery of possession was occasioned by any person other than the judgment debtor claiming a right to the possession of the property sold as proprietor, mortgagee, lessee, or under any other title, or if, in the delivery of Possession to the purchaser, any such person claiming as aforesaid is dispossessed, the Court, on the complaint of the purchaser or of such person claiming as aforesaid, if made within one month from the date of such resistance or obstruction or of such dispossession, as the case may be, shall inquire into the matter of the complaint and make such order as may be proper in the circumstances of the case.
(3) The person against whom any such order is made shall be at
49
of immovable property sold in execution. Ib. s. 78 (13.), (14.)
AD. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
735
certificate to
481(1.) After a sale of immovable property has become absolute Granting of manner aforesaid, the Court shall grant a certificate to the person purchaser ho has been declared the purchaser at such sale to the effect that he when sale of has purchased the right, title, and interest of the judgment debtor in property The property sold.
(2) Such certificate shall be liable to the same stamp duty as an signment of the same property, and, when duly stamped as aforesaid, hall be taken and deemed to be a valid transfer of such right, title, and terest, and may be registered in the Land Office under the Land Registration Ordinance, 1844.
immovable
becomes absolute,
and effect H. K. Code, s. 78 (5.)
thereof.
No. 1 of 1844.
immovable
b. s. 78 (81
în execution.
432.-(1.) Where the property sold consists of immovable property Delivery to in the occupancy of the judgment debtor, or of some person on his purchaser of behalf, or of some person claiming under a title created by the judgment property sold debtor subsequently to the attachment of the property, the Court shall, on the application of the purchaser, order delivery of the property to be made by putting the party to whom the property has been sold, or any person whom he may appoint to receive delivery on his behalf, in possession thereof, and, if necessary, by removing any person who may refuse to vacate the same.
(2.) Where the property sold consists of immovable property in the Occupancy of any other person entitled to occupy the same, the Court shall, on the application of the purchaser, order delivery thereof to be made by affixing a copy of the certificate of sale in some conspicuous place on the property or at the Court House.
(9.).
where resis-
to purchaser
433.-(1.) If the purchaser of any immovable property sold in exe- Procedure cution of a judgment is, notwithstanding the order of the Court, resisted or obstructed in obtaining possession of the property, the provisions of this Chapter relating to resistance or obstruction to the execution of a judgment for immovable property shall be applicable in the case of such resistance or obstruction.
(2) If it appears that the resistance or obstruction to the delivery of possession was occasioned by any person other than the judgment debtor claiming a right to the possession of the property sold as proprietor, ortgagee, lessee, or under any other title, or if, in the delivery of Possession to the purchaser, any such person claiming as aforesaid is dispossessed, the Court, on the complaint of the purchaser or of such person claiming as aforesaid, if made within one month from the date of such resistance or obstruction or of such dispossession, as the case may shall inquire into the matter of the complaint and make such order ag may be proper in the circumstances of the case.
(3) The person against whom any such order is made shall be at
49
of immovable property sold
in execution.
Ib. s. 78 (13.),
· (14.)
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