236.
Decree for Delivery of Immovable Property:(1) If, in any suit, a decree be made for the delivery of any immovable property, the
Court, unless in the special case it deems it unnecessary, shall appoint an official to see
that the boundaries of the property are marked out with permanent land marks at the cost
of the owner or owners, and to deliver possession thereof to the person to whom it has
been adjudged or to such person as he appoints to receive delivery on his behalf.
(2) If the immovable property is in the occupancy of a tenant or other person entitled to
occupy it and not bound b the decree to relinquish such occupancy, a notice in writing
containing the substance of the decree in regard to the property shall be served upon
him if he can be found, and if he cannot be found a copy of the said notice shall be
posted on or near the said property.
237.
Decree for Specific Performance, Injunction … etc.
(1) Where a decree orders any person to do any act other than the payment of money or
to abstain from doing anything, and the person against whom the decree has been passed
had an opportunity of obey the decree and has willfully failed to obey it, the decree may,
save as otherwise expressly provided in this Act, be enforced by the detention of such
person in prison or by the attachment of his property or by both.
(2) Where the person against whom such decree as mentioned in sub-section (1) has been
passed is a corporation, the decree may be enforced by the attachment of the property
of the corporation or by the detention in prison of the directors or other principal
officers thereof, or by both attachment and detention.
(3) Where a decree for the specific performance of a contract or for an injunction has not
been obeyed, the Court may, in lieu of or in addition to all or any of the processes
aforesaid, direct that the act required to be done may be done so far as practicable by
the decree holder or some other person appointed by the Court, at the cost of the
judgement debtor, and upon the act being done the expenses incurred may be
ascertained in such manner as the Court may direct and may be recovered as if they
were included in the decree.
238.
Order to sell attached Property:(1) Where any attachment under section 234 or section 236 has remained in force for six
months, if the judgement debtor has not obeyed the decree and the decree holder has
applied to have the attached property sold, such property may be sold, and out of the
proceeds the Court may award to the decree holder such compensation as it thinks fit, and
shall pay the balance, if any to the judgement debtor.
(2) Where the judgement debtor has obeyed the decree and paid all costs of executing it
which he is bound to pay, or where at the end of six months from the date of the
attachment no application to have the property sold has been made, or if made has
been refused, the attachment shall cease.
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