The court established that relief of possession in specific performance cases can be claimed at any stage, including execution, and is not limited to the original decree.

JUDGMENT AND ORDER(ORAL)

1. Proof of notice through paper publication has been submitted by the learned counsel for the petitioner on 12.12.2023. The date of appearance of the respondent was 13.12.2023 but the respondent has not entered appearance despite valid service of notice.

Heard Mr. Sankar Lodh, learned counsel appearing for the petitioner.

2. The present revision petition under Article 227 of the Constitution of India arises out of the order dated 12.12.2022 passed by the learned Civil Judge (Senior Division), Khowai in case No. Title Suit 04 of 2020 whereby the learned trial Court has rejected the petition filed by the plaintiff/petitioner for correction of the judgment and decree dated 09.09.2022.

3. The plaintiff/petitioner had preferred T.S. No.04 of 2020 for the following reliefs:

"(i) Pass a decree directing the defendant to perform her part of obligation by executing the registration of the sale deed for the land, mentioned in the Schedule below.

(ii) In the event of non-compliance of the decree by the defendant, the Ld. Court would be pleased to execute the registration of the sale deed so presented in respect of the suit land in favour of the plaintiff on behalf of the defendant.

(iii) The Ld. Court would be pleased to direct the defendant to deliver possession of the suit land to the plaintiff within the period to be fixed by the Ld. Court and on the failure of the defendant, to deliver the possession of the suit land to the plaintiff through the process of Court.

(iv) Pass a decree for costs of the proceeding.

(v) Pass any other Decree/Order as may be deemed fit and proper for fair ends of justice."

4. The suit land appertains to Khatian No.4030, comprised in R.S. Plot No.6038/9098 measuring 0.005 acre according to the revenue record of Bastu (Nal) class of land as per the boundary described in the schedule. The learned trial Court framed the following issues for determination:

"(i) Whether the suit is maintainable in its present form and nature?

(ii) Whether the defendant had entered into an agreement with the plaintiff for selling the suit land described in schedule of the plaint in exchange of total sale consideration of Rs.4,000,00/- (Rupees four lakhs) only?

(iii) Whether the plaintiff is entitled to a decree directing the defendant to perform his part of obligation by executing the registration of the sale deed in respect of the suit land as mentioned in schedule of the plaint after taking balance consideration money from the plaintiff?

(iv) Whether the plaintiff is entitled to get any other relief or reliefs including cost of the proceedings and if so, up to what extent?"

All the issues were decided in favour of the plaintiff.

5. The suit was decreed without contest as the defendant did not appear. The operative part of the judgment was couched in the following terms:

"As a corollary to the discussion and decision made on all the foregoing issues I am of the considered opinion that the plaintiff is successful in proving that the defendant had entered into an agreement with the plaintiff for selling the suit land described in schedule of the plaint in exchange of total sale consideration of Rs.4,000,00/- (Rupees four lakhs) only. The plaintiff is also successful to prove that he is entitled to a decree directing the defendant to perform his part of obligation by executing the registration of the sale deed in respect of the suit land as mentioned in schedule of the plaint after taking balance consideration money from the plaintiff.

ORDER

In the result, the suit of the plaintiff is hereby decreed.

It is hereby declared that the plaintiff is entitled to a decree directing the defendant to perform his part of obligation by executing the registration of the sale deed in respect of the suit land as mentioned in schedule of the plaint after taking balance consideration money from the plaintiff.

Thus, the case is disposed of without contest.

Prepare a decree accordingly and place before me for my signature within 15 days