Handing over keys
Anjali Arya
(Querist) 12 December 2013
This query is : Resolved
JD has to vacate Suit Property and Hand Over Keys to DH.
Does handing over keys means Delivery of Possession ?
ajay sethi
(Expert) 12 December 2013
he has to deliver vacant possession of suit premises along with keys
Anjali Arya
(Querist) 12 December 2013
But my counsel says that
Warrant of Possession cannot be issued in a Decree passed in Suit for Mandatory Injunction.
He says that Court will evict the JD and DH has to occupy the premises on his own.
Devajyoti Barman
(Expert) 12 December 2013
Forget technicalities. Grab possession in any manner it is available.
BAALASUBRAMANNYAMM
(Expert) 12 December 2013
Agreed with Barmanji. Better to take an "endorsement" on a white paper from the JD stating that :"today I handed over the physical possession of the schedule property and also the keys to the DHR". It can also be sufficient to you ( DHR).
V R SHROFF
(Expert) 12 December 2013
Insufficient details
Raj Kumar Makkad
(Expert) 12 December 2013
You need to be more specific in your query.
R.K Nanda
(Expert) 13 December 2013
nothing more to add.
prabhakar singh
(Expert) 13 December 2013
Repeated query.
You have not put facts here and else where i have replied you correctly in detail.In execution of a mandatory decree wherein JD has been directed to hand over keys to DH,if JD fails to do so,DH can only initiate disobedience proceedings provided for in the CPC and court can not issue any warrant of possession (which it issues for decree granted for possession)nor would even evict the JD.
A grave error was committed in seeking the relief.Dh was to ask for a decree of possession but to save court fees such a trick was played.Now suit for possession may stand barred under order 2 rule 2 of CPC.
The only course is to take over it and to maintain he handed over.
Anjali Arya
(Querist) 18 December 2013
The Relief sought was
"Defendant be directed to vacate the property and to handover vacant and peaceful possession to Plaintiff and never to interfere with possession of Plaintiff"
Trial Court dismissed the suit on grounds that relief of delivery of possession cannot be granted in a Suit of Mandatory Injunction.
But our appeal was allowed in the wake of Santlal Jain vs Avtar Singh decision by Supreme Court.
(Defendant was a licencee)
