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
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
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
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
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 being
inherent in the relief for specific performance of the contract of sale
Clause (a) contains reliefs of possession and partition and separate possession of the property, in addition to specific performance. The mandate of Sub-section ... specific performance the said relief is intrinsic to the relief for specific performance and thus if the plaintiff is not in possession of the suit
Nath, appellant, instituted a suit for specific performance against M/s. Moti Ram Rattan Chand, respondents, for specific performance. This suit was instituted in June ... specific performance. Sub-section (2) provides that if in a suit for specific performance the plaintiff has omitted to ask for possession of the property
between a suit for specific performance simplicitor and a suit Page 2046 for specific performance along with relief for possession. In Adcon Electronics Private Limited ... specific performance simplicitor but a suit praying for decree of specific performance as well as possession along with other reliefs.
15. In the present cases
plaintiff to specifically claim possession of a
property as a relief of possession is inherent in the relief for specific
performance of a contract ... decree of
possession as well. Such relief for possession has been held to be
inherent in the relief for specific performance of the contract
