AVADH BEHARI ROHTAGI

( 1 ) THESE are three execution appeals against the order of the Additional District Judge Delhi. The facts in all the cases are similar. I will first take Execution Second Appeal No. 4 of 1973.

( 2 ) MOHINDER Nath, appellant, instituted a suit for specific performance against M/s. Moti Ram Rattan Chand, respondents, for specific performance. This suit was instituted in June, 1963, in the court of the Subordinate Judge, Delhi. He decreed the suit on August 31, 1968. A decree for specific performance was passed in favour of the appellant.

( 3 ) THE appellant made an application for execution of the decree. He prayed for the delivery of possession of the plot of land which he had agreed to buy from the respondents. The respondents made an application under Section 47 of the Code of Civil Procedure to the executing court. Their sole objection was that the appellant was not entitled to get possession of the property as no such relief was granted to him by the Court and as none was asked for in the plaint in the suit. The executing court upheld the objection and dismissed the prayer of the appellant for delivery of possession.

( 4 ) THE appellant appealed to the Dist

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