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1954 Supreme(All) 51

MALIK, MUKERJI
Balmukand – Appellant
Versus
Veer Chand – Respondent


Advocates:
Shambhu Prashad and Pratap Narain Bakshi, for Appellant.

Judgement

MALIK, CJ. :- This is a judgment-debtors appeal. The plaintiff filed a suit for specific performance of a contract and the suit was decreed. Learned counsel has stated that the plaintiff had also asked for delivery of possession of the property but no mention was made in the decree about delivery of possession. The terms of the decree were as follows :

"The plaintiffs suit for specific performance of the contract of sale dated 12-1-1948 is decreed against the defendants and the defendants 1 to 5 are ordered to execute a sale deed of the property in dispute in favour of the plaintiff on payment of......"

It is urged by learned counsel that the plaintiff having claimed possession and possession not having been specifically granted in the decree, it must be deemed that the relief for possession was refused and the plaintiff cannot, therefore, claim delivery of possession.

2. We do not think there is any force in this contention. Section 55(1)(f) of the Transfer of Property Act (iv of 1882) provides that "The seller is bound (f) to give, on being so required, the buyer or such person as he directs such possession of the property as its nature admits;" The decree for specific per








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