https://www.taxtmi.com/caselaws?id=199123 An auction purchaser of mortgaged property sold in execution is entitled only to symbolic possession where the occupants are tenants or persons otherwise entitled to occupy, and not judgment-debtors or persons claiming under them. The distinction between Order 21 Rule 95 and Rule 96 of the Code of Civil Procedure turns on the character of possession at the time title is confirmed and the sale certificate is issued. Because the occupants' tenancy claims could not be finally adjudicated in execution and they were not shown to hold under the judgment-debtor, physical delivery was unavailable in these proceedings. en-us Tue, 21 Nov 2000 00:00:00 +0530 Tue, 20 Feb 2018 18:03:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199123 An auction purchaser of mortgaged property sold in execution is entitled only to symbolic possession where the occupants are tenants or persons otherwise entitled to occupy, and not judgment-debtors or persons claiming under them. The distinction between Order 21 Rule 95 and Rule 96 of the Code of Civil Procedure turns on the character of possession at the time title is confirmed and the sale certificate is issued. Because the occupants' tenancy claims could not be finally adjudicated in execution and they were not shown to hold under the judgment-debtor, physical delivery was unavailable in these proceedings. Case-Laws Indian Laws Tue, 21 Nov 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199123