Muluki Civil Procedure Code, 2017

238. Procedure for delivery of possession: (1) For the execution of a judgment by delivery of possession, the person entitled to possession must deposit in the court, before the bailiff is dispatched, an amount equal to three percent of the value of the property to be delivered if the value is specified, or one thousand rupees if the value is not specified.

(2) Upon payment of the amount by the person entitled to possession under sub-section (1), the court shall, on the day of payment itself, fix the day for dispatching the bailiff for delivery of possession, and fix a date for the parties to appear at the place of delivery of possession, along with a notice thereof; if the party from whom possession is to be taken is not on date, the court shall also provide information of this fact to such party within seven days.

(3) When fixing the date or giving notice under sub-section (2), if the property to be delivered is a house or land, a notice to vacate such house or land within seven days must also be given.

(4) If the property to be delivered is in the possession or control of a person other than a party to the case, the court must also notify such person to appear at the place where the bailiff will be dispatched.

(5) On the date fixed under sub-section (2), the court shall dispatch a bailiff and cause the delivery of such property according to the judgment.

(6) If the direction or side of a house or land to be delivered according to the judgment is not specified, the court shall, keeping the parties present, separate the property by adjusting high and low quality, conduct a lottery, and deliver possession of such house or land.

(7) When delivering possession under this section, the court must keep present a representative of the local level and at least two witnesses, along with the parties (or their representatives) giving and taking possession, to the extent they are present.

(8) If the person from whom possession is to be taken or any other person obstructs or opposes the delivery of possession, the court must use necessary force and cause the delivery of possession.

(9) Notwithstanding anything written elsewhere in this section, if someone has locked a house or shop to be delivered by keeping property inside, the court must get the lock opened if the person in possession or control of the house or shop is present, and deliver possession; if such person is not present, a notice must be pasted on the door of such house or shop in the format as per Schedule-25, stating that the lock will be opened within seven days for delivery.

(10) If the concerned person does not open the lock of the house or shop within the period under sub-section (9), the court shall, as soon as possible after the expiry of such period, open such lock and deliver possession of the house or shop.

(11) If any property is found inside the house or shop during the process of delivery under this section, the court may immediately prepare an inventory of such property and take it under its control.

(12) The court must paste a seven-day notice at the location of such house or shop, informing the concerned person to come and collect the property taken under control under sub-section (11) within thirty-five days; if the property is not collected within the given period, the court shall auction such property and pay the proceeds immediately to the concerned person.

(13) If the proceeds from the auction of property under sub-section (12) are not immediately collected by the concerned person, the court shall deposit such amount in a deposit account.

(14) If the concerned person comes to collect the amount deposited in the deposit account under sub-section (13) within one year, the court shall deduct ten percent of the amount and return the remaining amount to such person.

(15) If the concerned person does not come to collect such amount within the period under sub-section (14), the court shall deposit such amount in the government fund.

(16) If anyone disturbs the possession of property once delivered by the court without surrendering possession, the court may impose a fine of up to twenty-five thousand rupees or imprisonment for up to three months for each instance of

(18) If any person fails to show or deliver the property under their responsibility mentioned in the schedule, a fine of five percent of the value of such unshown or undelivered property shall be imposed.

(19) In a case where a final judgment has been made holding that the plaintiff is entitled to a share, if any other defendant co-sharer also files an application to have their share separated, the court shall, upon collecting the court fee as per law, separate and provide the share from the property determined by the judgment.

(20) If the immovable property to be partitioned under this section is also located in another district, the court shall also send a letter to the relevant court for the partition of such property.

(21) Upon receiving a letter pursuant to subsection (20), the relevant court shall also partition such property under this section and provide information thereof to such court.

(22) If, while a case is pending in court or after a judgment in such case but before its execution, any person transfers the property to be partitioned, or a new co-sharer joins, or a share is reduced, no fresh plaint need be filed for that purpose; and in such a situation, if an application is made to the court, the court shall, after inquiring into the truth of such application, proceed to partition the share.

(23) When a share is partitioned and separated under this section, a fee at the rate of two point five percent of the value of the property so partitioned shall be levied.