Article 128 (Art. 165 of the Act of 1908):
The period of limitation for an application for possession by one dispossessed of immovable property and disputing the right of the decree-holder or purchaser at a sale in execution of a decree is thirty days and the limitation commences from the date of the dispossession.
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ADVERTISEMENTS:
The Article 128 attracts cases where persons other than a judgment- debtor who having been dispossessed by the order of the executing Court granting delivering possession in execution case to be restored to possession.
In order to maintain a petition under Order XXI, Rule 99 of the Civil Procedure Code, the person dispossessed must show independent title and not title through judgment-debt. So, any person coming to possess pendente lite cannot succeed and not a sub-lessee. A mere squatter cannot maintain such an application. If a third party is dispossessed of the property other than the decretal property, he had no remedy under Rule 99. He has to bring a regular suit claiming title.
The limitation is 30 days commencing from the date of dispossession. Section 5 of the Limitation Act, 1963 is not attracted.
