38. Manner of executing order to deliver possession of immovable property.
- Where any person against whom an order to deliver possession of immovable property has been passed under this Code such order shall be executed in the following manner, namely :-(a)by serving a notice on the person or persons in possession requiring them within such time as may appear reasonable after receipt of the said notice to vacate the land; and(b)if such notice is not obeyed, by removing or deputing a subordinate to remove any person who may refuse to vacate the same; and(c)if the officer removing any such person is resisted or obstructed by any person, the Revenue Officer shall hold a summary inquiry into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause, and that such resistance or obstruction still continues, may, without prejudice to any proceedings to which such person may be liable under any law for the time being in force for the punishment of such resistance or obstruction, take or cause to be taken, such steps and use, or cause to be used, such force as may, in the opinion of such officer, be reasonably necessary for securing compliance with the order.
