Back
GANESH RAM MEENA
Subhash – Appellant
Versus
Seva – Respondent
ORDER :
Ganesh Ram Meena, J.
The petitioner/ plaintiff-decree holder (for short 'the plaintiff-decree holder') has filed this writ petition being aggrieved by the order dated 12.03.2019 passed by the Court of learned Addl. District Judge, Bansur, District Alwar (for short 'the Executing Court') in Execution No.06/2018 ( Subhash v. Seva ) whereby the Executing Court deleted some part of the order dated 13.02.2019 passed by the Executing Court in regard to the handing over of possession of the land in question to him.
2. The facts borne out from the pleadings and arguments, in brief are that the plaintiff- decree holder filed a suit for specific performance against the respondent/ defendant for compliance of the agreement dated 10.09.2012 and to get the registered sale deed executed before the Sub-Registrar, Bansur. The trial court after issuing notice to the respondent/ defendant and recording the evidence, decreed the suit vide judgment and decree dated 19.08.2017. The gist of the decree is quoted as under:-
^^oknh dk ;g okn izfroknh la[;k 01 ds fo:) ,d i{kh; esa vkaf'kd :i ls fMØh fd;k tkrk gS vkSj vkns'k fn;k tkrk gS fd izfroknh la[;k 01 fu.kZ; fnuakd ls gks ekg ds vUnj bdjkjukek fn
A decree for specific performance implies an entitlement to possession, even if not explicitly stated, and the executing court must ensure this right is upheld.
The main legal point established in the judgment is that the relief of possession can be granted without being specifically claimed in a suit for specific performance, as per Section 22(2) of the Spe....
Point of law: If once we accept the legal position that neither a contract for sale nor a decree passed on that basis for specific performance of the contract gives any right or title to the decree-h....
The court retains jurisdiction to direct delivery of possession under a decree for specific performance, and such applications can be filed within the same suit instead of requiring separate executio....
(1) In suit for specific performance, possession is inherent in such suit – Relief of possession is ancillary to decree for specific performance and need not be specifically claimed.(2) Procedural la....
The decree for specific performance inherently includes the right to possession, making separate requests for possession unnecessary unless specific circumstances require it.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
