Code

CPC) Where the Court is satisfied that the holder of a decree for the
possession of immovable property or that the purchaser of immovable property sold in execution of a
decree has been resisted or obstructed in obtaining possession of the property by the judgment-debtor or
some person on his behalf and that such resistance or obstruction was without any just cause, the Court
may, at the instance of the decree-holder or purchaser, order the judgment-debtor or such other person to
be detained in the civil prison for a term which may extend to thirty days and may further direct that the
decree-holder or purchaser be put into possession of the property.

Perfect 👍 You’ve quoted Section 74 of the Code of Civil Procedure, 1908 (CPC).
Here’s the ApniLaw-style breakdown for clarity:

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Section 74 CPC – Resistance to delivery of possession to decree-holder or purchaser

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Code Text (Simplified)

• If the decree-holder (who won a decree for possession of immovable property)
  OR
  a purchaser (who bought property in execution of a decree) is resisted or obstructed in getting possession by the judgment-debtor or someone acting for him,
• And if the Court finds that the resistance/obstruction has no just cause,

👉 The Court may:

1. Order such judgment-debtor (or obstructing person) to be detained in civil prison for up to 30 days, and
2. Direct that the decree-holder or purchaser be put into possession of the property.

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Key Points

• Applies only where possession is resisted without just cause.
• Covers both decree-holders and auction-purchasers in execution sales.
• Maximum detention: 30 days (civil prison).
• Purpose: To ensure smooth enforcement of property decrees and protect decree-holder’s rights.

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Illustration

• Case 1: A wins a decree of possession against B. When the bailiff goes to deliver possession, B and his family block the entry forcibly.
  👉 Court may detain B (or family members obstructing) for up to 30 days and hand over possession to A.
• Case 2: C buys property in a court auction. D, the judgment-debtor, refuses to vacate and prevents delivery.
  👉 Court can order detention of D and put C in possession.

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Connected Provisions

• Order 21 Rules 97–103 CPC → Deal with obstruction/resistance in execution.
• Section 74 CPC → Provides punishment (civil prison up to 30 days) for such obstruction without just cause.

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⚖️ Essence: Section 74 CPC ensures that once the Court has ordered possession (either to a decree-holder or auction-purchaser), unjustified resistance by the judgment-debtor won’t be tolerated, and the obstructer can face civil prison along with immediate delivery of possession to the entitled party.