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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Jitender – Appellant
Versus
Kuldeep (Since Deceased) Through Lrs – Respondent
JUDGMENT :
Vikram Aggarwal, J.
1. The instant revision petition, preferred under Article 227 of the Constitution of India, assails order dated 16.05.2023 (Annexure P-4) passed by the Court of Addl. Civil Judge (Sr. Divn.), Sonepat, vide which the execution petition preferred by the petitioner was dismissed.
2. The question which arises for consideration is as to whether in a suit for specific performance, wherein the relief of possession had not been prayed for, could the executing Court have granted possession or would the plaintiff have to seek amendment and thereafter seek possession or whether a decree for specific performance would include the relief of possession.
3. The facts, as emanating from the revision petition, are that the petitioner-Jitender (hereinafter referred to as the 'petitioner-plaintiff-decree-holder') instituted a suit for specific performance of agreement to sell dated 09.09.2009, stated to have been executed by respondent-defendant No.1 (Kuldeep) in favour of petitioner-plaintiff-decree-holder for sale of a residential house/plot measuring 250 sq. yds., comprised in Rectangle and Killa No.6/18/2 min situated in Village Garhi Brahmnan (known as Shastri Colony a
The decree for specific performance inherently includes the right to possession, making separate requests for possession unnecessary unless specific circumstances require it.
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....
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.
(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....
Agreement to sell – Even if suit for specific performance is decreed without specific decree for transfer of possession of suit property, same can be enforced only when trial court directs defendants....
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....
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