1218
Delivery to purchaser of immovable property sold in execution. H. K. Code, s. 78 (8), (9).
Procedure where resistance is offered to purchaser No. 3 of 1901. - CODE OF CIVIL PROCEDURE.
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.
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. H. K. Code, s. 78 (13),(14).
[cf. s. 396.]
Delivery to purchaser of immovable property sold in execution.
(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 liberty to bring an action to establish his right at any time within three months from the date of the order,
434.-(1) Where the property sold consists of movable property in the possession of the judgment debtor, or to the immediate possession of which the judgment debtor is entitled, the court shall, on the application of the purchaser, order delivery to be made by putting the purchaser or any person whom he may appoint to receive delivery on his behalf in possession of the property. H. K. Code, s. 78 (6), (7).
Page 105
Page 106
1218
Delivery to purchaser of immovable
property sold
in execution. H. K. Code,
s. 78 (8), (9).
Procedure where
resistance is
offered to purchaser
No. 3 of 1901. - CODE OF CIVIL PROCEDURE.
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 applica- tion 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 prop- erty 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.
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 property sold resistance or obstruction to the execution of a judgment for H. K. Code, immovable property shall be applicable in the case of such 8. 78 (13),(14). resistance or obstruction.
of immovable
in execution.
[cf. 8. 396.]
Delivery to purchaser of
(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 liberty to bring an action to establish his right at any time within three months from the date of the order,
434.-(1) Where the property sold consists of movable movable prop- property in the possession of the judgment debtor, or to the immediate possession of which the judgment debtor is
erty sold in execution. H. K. Code,
s. 78 (6), (7).
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