Advocates appeared:
For the Petitioner(s): Mr. Kunal Verma, AOR
For the Respondent(s): Mr. Ankit Virmani,Adv. Mr. Ajit Pudussery, AOR Ms. Ruchika Agarwala, Adv. Ms. Mayuri Raghuvanshi, AOR

Certainly. Based on the provided legal document, here are the key points summarized:

1. A suit for specific performance of an agreement to sell, even if decreed without a specific decree for transfer of possession, can only be enforced when the court directs the defendants to convey the property through a registered sale deed. The transfer of ownership occurs only after registration, which must take place at the location where the property is situated. If the registration is to occur outside the court's jurisdiction, the relief cannot be fully enforced through personal obedience alone, and the suit must be filed in a court with proper territorial jurisdiction (!) (!) .

2. Relief for possession of immovable property cannot be granted unless it is specifically claimed in the suit. The relief of possession of the property, which is the subject of the agreement for sale, is inherently linked to the decree for specific performance and must be explicitly pleaded and claimed (!) (!) (!) .

3. The territorial jurisdiction of a court to entertain a suit depends on whether the relief sought can be entirely obtained through the personal obedience of the defendant within that jurisdiction. If the relief involves actions outside the jurisdiction, such as executing a sale deed at a different location, the suit must be filed where the property is situated or where the defendant resides or carries on business (!) (!) (!) .

4. The court's jurisdiction is also influenced by the location of the property and the nature of the relief sought, including whether the relief involves establishing title, possession, or enforcement of contractual obligations. The location of the property plays a crucial role in determining the proper forum (!) (!) .

5. The provisions of the Specific Relief Act allow a plaintiff to claim additional reliefs such as possession or partition in a suit for specific performance, but only if these are expressly claimed in the plaint. The relief for possession of the property cannot be granted unless specifically pleaded, and the relief must be directly related to the subject matter of the suit (!) (!) (!) .

6. The overall purpose of these legal principles is to prevent multiplicity of suits and to ensure that the relief sought is within the territorial jurisdiction of the court where the property is located or where the defendant resides or carries on business. The suit must be filed in a court with proper jurisdiction that can effectively enforce the reliefs granted (!) (!) .

7. If the relief requires the defendant to go outside the court's jurisdiction for execution, such as registering a sale deed at a different location, the proviso to the jurisdictional provisions does not apply, and the suit must be filed where the property is situated or where the defendant resides or works (!) (!) .

8. The legal framework emphasizes that the primary consideration in determining jurisdiction is whether the relief can be fully obtained within the court's territorial limits through personal obedience, or whether enforcement actions outside that jurisdiction are necessary. This influences whether a suit is properly instituted in a particular court (!) (!) (!) .

9. The legal principles also highlight that the nature of the relief, the terms of the contract, and the location of the property are critical factors in establishing the appropriate forum for litigation. Proper jurisdiction ensures effective enforcement of rights and prevents misuse of procedural rules (!) (!) .

10. The court has clarified that the relief of possession, especially in cases involving the transfer of immovable property, must be specifically claimed and is inherently tied to the enforcement of the decree for specific performance. Without explicit claim, the relief cannot be granted, and jurisdiction must align with the location of the property or the defendant's residence or business (!) (!) (!) .

These points collectively underscore the importance of correctly establishing jurisdiction based on the location of the property and the specific reliefs claimed, especially in cases involving agreements for sale and the enforcement of transfer of ownership.