The main legal point established in the judgment is that the relief of possession is implicit in the prayer for specific performance of a contract for sale of property, and the executing court has the power to direct delivery of possession to the decree-holder even if the decree is silent on that point.

( 1 ) THIS is a revision by the decree-holder against the order dated 7-8-2000 in execution proceedings in Civil Suit No. 58-a of 1991 of the Court of First Additional District Judge, Burhanpur.

( 2 ) MOHD. Yakub has obtained decree in the civil suit mentioned above against Abdul rauf for specific performance of contract of sale of House No. 316, Ward No. 6, Shah bazar, Burhanpur, district Khandwa. According to plaintiff Mohd. Yakub, defendant Abdul rauf had executed the agreement to sell on 21-12-1990 and agreed to sell the house for rs. 62,501/ -. An earnest money of Rs. 3,501/- was given to the vendor on that date. According to the plaintiff he was put in possession of 15 x 18 feet area on the southern side of the house in pursuance of this agreement. The plaintiff paid an amount of rs. 30,000/- to the defendant on 31-12-1990 and an amount of Rs. 29,000/- after the decree for specific performance of contract was passed. The suit was decreed ex parte on 8-10-1996. The Court executed sale-deed in favour of the decree-holder on 8-3-1998 on behalf of the judgment-debtor. There is a recital in the sale-deed that the title to the house has passed to the plaintiff and he would be put in possession of the house pursuant to the execution of the sale-deed.

( 3 ) THE decree for specific performance of contract is silent about the delivery of possession of the house to the plaintiff. The decree-holder submitted an application under sections 151 and 152, Civil Procedure Code on 22-4-1998 for amendment in the decree to incorporate the relief for delivery of possession. In the plaint which was filed claiming specific performance of contract, the relief of possession of the house was not specifically claimed. This application was opposed by the judgment-debtor on the ground that in the absence of prayer for possession in the plaint and any direction in the decree for delivery of possession, the executing Court cannot go behind the decree and put the decree-holder in possession of the house. Respondent No. 2 khwaja Abdul Hameed submitted a separate application under Order 21,rule 90, Civil Procedure code stating therein that he is actually in possession of the house in dispute in his own right;

( 4 ) BY the impugned order dated 7-8-2000 the Executing Court has rejected the application of the decree-holder for amendment in the decree and also dismissed the application for execution of the decree for delivery of possession. This has been done on the ground that there is no direction in the decree for delivery of possession.

( 5 ) THE impugned order passed by the executing Court is contrary to law. The sale-deed having been executed by the Court on behalf of the judgment-debtor in favour of the decree-holder and that sale-deed having been registered has the effect of the transfer of title in the house from the judgment-debtor to the decree-holder. He is entitled to possession as provided in section 55 (1 ) (f) of the Transfer of property Act. The executing Court has the power to direct delivery of possession of the property to the decree-holder even if the decree for specific performance of contract is silent on that point. The person in whose favour the decree for specific performance of contract has been passed is entitled to possession of the property. The relief of possession is implicit, or inherent in the prayer for specific performance of a contract for sale of the property. The executing Court in the decree for specific performance of the contract of sale can grant possession to the decree-holder.

( 6 ) THERE is a decision of the Supreme court in Babu Lal v. M/s. Hazari Lal Kishori lal in which it has been held that section 22 of the Specific Relief Act which enacts a rule of pleading provides that a person in a suit for specific performance of a contract for the transfer of immovable property, may ask for appropriate reliefs, namely, he may ask for possession, or for partition or for separate possession including the re