Eviction be done, without map& schedule of land in decree
Querist :
Anonymous
(Querist) 17 February 2024
This query is : Resolved
Can an executing court, enforce eviction against a money suit decree, where the original plaint, and order in Decree has no schedule of land, no map and no area mentioned in it.
T. Kalaiselvan, Advocate
(Expert) 18 February 2024
The execution court can pass an order to attach or bring the property into sale if the decree holder is furnishing the details of the property belonging to the judgment debtor.
The Decree holder has to file the certified copies of the property in question along with the encumbrance certificate in order to convince the court that the property still belongs to the judgment debtor.
Querist :
Anonymous
(Querist) 18 February 2024
🙏🙏 thanks for your response.
The plaintiffs have not given any schedule, map and clearcut identification of the suit premises in the money suit, nor the decree has any schedule, map, boundaries, revenue plot no, or area. Furthermore, the plaint for execution too doesnot have these details.
Still the executing court can proceed with the case, where the property is not identifiable?
T. Kalaiselvan, Advocate
(Expert) 18 February 2024
The execution court cannot pass orders if the details or schedule of property along with a copy of the title deed and encumbrance certificate pertaining to the property that is required to be attached to bring it for auction sale is not furnished by the decree holder.
Querist :
Anonymous
(Querist) 18 February 2024
thanks for your valuable opinion. Your opinion is in line with opinion of my advocate too.
T. Kalaiselvan, Advocate
(Expert) 19 February 2024
You are welcome for your appreciations and understanding.
You may follow it up through your advocate properly
