RAKESH KUMAR JAIN, J.

1. The following two questions are involved in this revision petition:-

(i) Whether the plaintiff can ask for possession in execution of a decree, rendered in a suit for specific performance directing the execution of the sale deed even if the relief of possession has not been specifically claimed in the suit and granted by the Court?

(ii) Whether the judgment in the case of Nathu Ram vs. Chhotu Singh, 2012 (4) Civil Court Cases 184 (P&H), relied upon by the petitioner, is per inquirium?

In brief, the petitioner filed a suit for specific performance of an agreement to sell dated 22.04.1999 regarding land measuring 72 kanal 02 marlas and in the alternative for recovery of Rs. 10,34,000/- as double the amount of earnest money and for permanent injunction restraining the defendants from alienating the suit land except to the plaintiff as per the agreement to sell. The suit was decreed on 28.01.2002 in the following terms:-

"It is ordered that the suit of the plaintiff is decreed with costs and defendants are directed to execute the sale deed, failing which plaintiff shall be entitled to get the sale deed executed through process of law."

The appeal filed by th