incumbent on the plaintiff to claim possession or partition or
separate possession in a suit for specific performance of a
contract for the transfer ... incumbent on the plaintiff to claim
possession or partition or separate possession in a suit for specific
performance of a contract for the transfer
give full effect
to the decree for specific performance. By the decree
for specific performance, the court sets out what it
finds ... specific performance of contract for lease,
104
and the court executing a decree for specific performance of
such a contract can grant possession
other for specific performance of the contract if-
(a) where specific performance is claimed by the lessor, he has delivered possession of the property ... part performance of the contract, taken possession of the property, or, being already in possession, continues in possession in part performance of the contract
January 18, 1971, the plaintiff brought a suit for specific performance against the defendant. Specific performance was sought in respect of agricultural land measuring ... specific performance. Sub-section (2) provides that if in a suit for specific performance the plaintiff has omitted to ask for the possession
suit for specific performance even though stricty speaking, the right to posession accrues only when the suit for specific performance is decreed.....".
The learned ... delivery of possession springs out of the contract itself and the relief for possession was comprised in the relief for specific performance. A Division Bench
specific performance of
contract for lease, and the court executing a decree for
specific performance of such a contract can grant possession
of the property ... that the liability to deliver possession for specific performance
was necessarily implied in a decree for specific performance
directing the defendant to execute a sale
incumbent on the plaintiff to claim possession or partition or separate
possession in a suit for specific performance of a contract for the transfer ... incumbent on the plaintiff to claim possession or
partition or separate possession in a suit for specific performance of a contract
for sale
namely, he may ask for
possession, or for partition, or for separate
possession including the relief for specific
performance. The Supreme Court also took
note ... incumbent on the plaintiff
to claim possession or partition or separate
possession in a suit for specific performance of
a contract for the transfer
plaintiff to specifically claim possession over the property. The relief
of possession is inherent in the relief for specific performance of the
contract of sale ... incumbent on
the plaintiff to claim possession or partition or separate
possession in a suit for specific performance of a contract for
the transfer
specific performance is decreed. A mere relief or specific performance of contract of sale may not entitle the Plaintiff to obtain possession as against ... specific performance/contract /agreement and if ultimately the relief of specific performance is granted, it will impinge upon the inherent relief of possession
