Section 23 in Andhra Pradesh Buildings (Lease, Rent And Eviction) Control Rules, 1961
23.
(1)Every application for the execution of orders passed under this Act shall be in writing, signed and verified by the decree-holder and filed before the Controller within six months from the date of the order accompanied by a certified copy of the order concerned together with the necessary process fee:[Provided that an application may be admitted after the specified period if the applicant satisfies the Controller that he has sufficient cause for not preferring the application within such period] [Added by G.O. Ms. No. 2436, G.A. (Accom.), dated 28-12-1965.](2)On receipt of an application for the execution of orders as provided by sub-rule (1), the Controller shall ascertain whether all the requirements have been complied, and if they have not been complied, the Controller may reject the application or may allow the defect to be remedied within the time to be fixed by him.(3)Where the application is admitted, the Controller shall enter in the proper register a note of the application, of the date on which it was made, shall subject to the provisions hereinafter contained allow execution of orders.(4)Where the application for execution is made by or against the legal representative of a party to the order, the Controller shall issue a notice to the person or persons concerned directing him to show cause as to why the application should not be complied with.(5)An order of eviction passed under Sections 10, 12 and 13 shall be executed by evicting the person against whom the order was passed or any other person bound by the said order and by delivering the vacant possession of the building in regard to which the order was passed either to the person in whose favour the order was passed or to such person as he may appoint to take delivery on his behalf.(6)Where possession of any building is to be delivered and the person in possession, being bound by the order of eviction does not afford free access, the Controller or through his subordinates may after giving reasonable warning and facility for withdrawing any woman who, according to custom, does not appear in public, remove or open any lock or bolt or break open any door, or do any other act necessary for putting any person entitled for possession in pursuance of the order of eviction.(7)If such execution is resisted and obstructed by any person other than the person against whom order of eviction was passed, the Controller may hold a summary enquiry into the facts of the case and if he is satisfied that the resistance or obstruction was without any just cause, and that such resistance and obstruction still continues shall issue a warrant to evict the said person by force and deliver the possession of the building to the person entitled for possession in pursuance of the order of eviction, and if he is satisfied that the resistance or the obstruction was occasioned by any person other than the person against whom order of eviction was passed claiming in good faith to be in the possession of the building on his own account or on account of some person other than the person against whom order of eviction was passed, he shall make an order disallowing the execution against such person.(8)If an order passed under Section 14 or Section 21 has not been obeyed by the party concerned, the same may be enforced by the attachment of his property or by detention in Civil Prison or by both or by any other manner, suitable in the opinion of the Controller.
