AIR 1965 JAMMU AND KASHMIR 31

Jammu And Kashmir High Court

Hon'ble Judge(s): Janki Nath Wazir , C.J.

(A) Civil P.C. (5 of 1908) , O.21 R.35, O.21 R.96— Execution sale of undivided share in property - Delivery of joint possession - R.35 applies, not R.96 - Delivery of symbolic possession is as effective as delivery of actual possession. There is no other provision for delivery of joint possession to the purchaser in execution sale of an undivided share in the property except that contained in Rule 35(2) of Order 21, C.P.C. Rule 96 of Order 21, C.P.C. has no application to the case as that rule applies only if the property is not in possession of the judgment-debtor but is in the occupancy of a tenant or other person entitled to occupy the same. The effect of delivery of symbolic possession in execution in cases where such possession alone can be delivered is the same as actual transfer of possession from the judgment-debtor to the decree-holder. (B) Civil P.C. (5 of 1908) , O.21 R.35(2)— Formalities for delivering symbolic possession - Warrant issued by Court for delivery of possession to auction-purchaser - Copy of same affixed on property of which possession was sought - Formalities as to affixture contained in O.21, R.35(2) satisfied - Mere fact that word "Summons" instead of "Warrant" has been wrongly used by peon in his endorsement as to affixture made on copy of order, does not change charact....