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Showing contexts for: ejectment execution in Shankar Singh And Ors. vs Mangal Singh And Ors. on 2 August, 1972Matching Fragments
"The procedure of Revenue Officers in matters under the Punjab Security of Land Tenures Act 1953, and these rules for which a procedure is not prescribed thereby, shall be regulated as far as may be, by the procedure prescribed for Revenue Officers, by the provisions of the Punjab Tenancy Act, 1887, and the rules thereunder."
The aforesaid rules says that wherever there is no rule prescribing the procedure of the Revenue Officers under the Tenures Act., it shall be regulated as far as may be by the procedure prescribed for the Revenue Officers by the provisions of the Punjab Tenancy Act, 1887 and the rule thereunder. The rules have also been framed under the Punjab Tenancy Act, 1887, which are known as the Punjab Tenancy Rules, 1909, Rule 10 provides for execution of order of ejectment etc. The said rule is as follows:--
"Orders of ejectment from, and delivery of possession of immovable property shall be enforced in the manner provided in the Code of Civil Procedure for the time being in force in respect of the execution of a decree whereby a Civil Court had adjudged ejectment from, or delivery, of possession of such property". On reading the aforesaid rule, it will be clear that orders of delivery of possession of immovable property shall be enforced in the manner provided shall be enforced in the manner provided in the Code of Civil Procedure for the time being in force in respect of the execution of the decree. whereby a Civil Court has adjudged ejectment from or delivery of possession of such property. The order of the Collector for delivery of possession to the tenants can be executed under rule 10 of the Punjab Tenancy Rules 1909 read with rule 11 of the Rules and the Assistant Collector shall have the same powers which the Civil Court has for execution of decree of ejectment from or delivery of possession of that property. The said rules are very clear and are not subject to any other interpretation than the one. I have taken. If the Revenue Officer passes an order for delivering the possession in the circumstances stated above, those officers have got powers to deliver possession under the said rules.