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APARESH KUMAR SINGH
Kandarpa Narayan Paul – Appellant
Versus
Sudip Datta – Respondent
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
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.
The decree for specific performance inherently includes the right to possession, making separate requests for possession unnecessary unless specific circumstances require it.
(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....
Court neither loses its jurisdiction after grant of decree for specific performance nor it becomes functus officio – If an ancillary or incidental relief is not granted, there would be no value to de....
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....
The court retains jurisdiction to direct delivery of possession under a decree for specific performance, and such applications can be filed within the same suit instead of requiring separate executio....
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