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State of Jammu-Kashmir - Section

Section 103 in The Code of Civil Procedure, Svt. 1977 (1920 A.D.)

103. Orders to be treated as decrees. - Where any application has been adjudicated upon under rule 98 or rule 100, the order made thereon shall have the same force and be subject to the same conditions as to an appeal or otherwise as if it were a decree.] [[[<b>98. Order after adjudication.</b> - (1) Upon the determination of the questions referred to in rule 101, the Court shall, in accordance with such determination and subject to the provisions of sub-rule (2)</P>

<p class=subpara1>(a) make an order allowing the application and directing that the applicant be put into the possession of the property or dismissing the application; or</P><p class=subpara1>(b) pass such other order as in the circumstances of the case, it may deem fit.</P>
(2)Where, upon such determination, the Court is satisfied that the resistance or obstruction was occasioned without any just cause by the judgment-debtor or by some other person at his instigation or on his behalf, or by any transferee, where such transfer was made during the pendency of the suit or execution proceeding, it shall direct that the applicant be put into possession of the property, and where the applicant is still resisted or obstructed in obtaining possession, the Court may also, at the instance of the applicant, order the judgment-debtor, or any person acting at his instigation or on his behalf to be detained in the civil prison for a term which may extend to thirty days.</P><b>99. Dispossession by decree-holder or purchaser.</b> - (1) Where any person other than the judgment-debtor is dispossessed of immovable property by the holder, of a decree for the possession of such property or, where such property has been sold in execution of a decree, by the purchaser thereof, he may make an application to the Court complaining of such dispossession.</P>
(2)Where any such application is made, the Court shall proceed to adjudicate upon the application in accordance with the provisions herein contained.</P><b>100. Order to be passed upon application complaining of dispossession.</b> - Upon the determination of the question referred to in rule 101, the Court shall, in accordance with such determination,</P>
(a)make an order allowing the application and directing that the applicant be put into the possession of the property or dismissing the application; or</P>
(b)pass such other order as, in the circumstances of the case, it may deem fit.</P>
<b>101. Questions to be determined.</b> - All questions (including questions relating to right, title or interest in the property) arising between the parties to a proceeding on an application under rule 97 or rule 99 or their representatives, and relevant to the adjudication of the application, shall be determined by the Court dealing with the application and not by a separate suit and for this purpose, the Court shall, notwithstanding anything to the contrary contained in any other law for the time being in force be deemed to have jurisdiction to decide such questions.</P><b>102. Rules not applicable to transferee pendent lite.</b> - Nothing in rules 98 and 100 shall apply to resistance or obstruction in execution of a decree for the possession of immovable property by a person to whom the judgment-debtor has transferred the property after the institution of the suit in which the decree was passed or to the dispossession of any such person.</P><i>Explanation.</i> - In this rule, ]][104. Order under rule 101 or rule 103 to be subject to the result of pending suit. - Every order made under rule 101 or rule 103 shall be subject to the result of any suit that may be pending on the date of commencement of the proceeding in which such order is made, if in such suit the party against whom the order under rule 101 or rule 103 is made has sought to establish a right which he claims to the present possession of the property.