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1976 Supreme(All) 283

K.N.SETH
Gyasa – Appellant
Versus
Risalo – Respondent


Advocates:
S.P. Gupta, for Appellant; Radha Krishna and Prakash Krishna, for Respondent.

Judgement

K. N. SETH, J. :- The appellants suit for specific performance of the contract of sale of the land was decreed. The decree directed that the plaintiff shall deposit Rs. 4,000/- in Court within two months whereafter the defendant shall execute the sale deed of the property in question in favour of the plaintiff failing which the plaintiff may get the salve done through Court. The decree holder deposited the amount in Court. As the judgment debtor failed to execute the requisite sale deed it was got executed through Court. In execution of the decree arrest and detention of the judgment-debtor in civil prison, attachment of the judgment-debtors entire property and possession over the property covered by the sale deed were claimed. The judgment debtor filed objections and resisted her arrest and detention in civil prison and attachment of her property and also the prayer for delivery of possession. The execution Court accepted the objection that the decree holder was not entitled to possession over the property covered by the sale deed on the reasoning that since no relief for possession was claimed in the suit and the decree also did not direct delivery of possession, the dec















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