1. The decree-holder is the petitioner against the order dated 24.5.2003 passed by the Subordinate Judge VI, Buxar, rejecting the petition for a direction to the judgment-debtor to execute the sale-deed and in case of his failure the court shall execute the sale deed in his favour and, thereafter, to put him in possession, on the ground that no relief has been sought for regarding delivery of possession in the title suit filed by the decree-holder-petitioner.

2. The plaintiff-petitioner filed a suit for specific performance of contract against the defendant-opposite party and specifically prayed therein that the judgment- debtor be directed to execute the sale- deed on the assertion that there was an agreement entered into between the parties and he was willing to perform his part of the contract, but the defendant is not executing the sale-deed. In the relief portion, specific prayer was made to direct the defendant-opposite party to execute the sale-deed and on his failure to execute the sale-deed, the said deed be executed by the court and the possession be also handed over to him. The suit was decreed in terms of the prayer made in the plaint. Thereafter, the judgment d