1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 108

802

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

Granting of

certificate to purchaser whe:: sale of immovable property

becomes absolute. H.K. Code, s. 78 (5).

Ordinance No. 1 of 1844.

Delivery to purchaser of immovable

property

sold in

execution.

H.K. Code,

431.—(1) After a sale of immovable property, has become absolute in 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.

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 pur- s. 78 (8), (9). chaser, 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.

Procedure where resistance is offered to purchaser of immovable property sold in execution. H.K. Code,

s. 78 (13),

(14).

[cf. s. 396.]

(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 the 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