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
suit for for specific performance. He would also submit that the decree for specific performance would also comprise the relief of possession and the decree ... possession in a decree for specific performance, though there was no specific clause for recovery of possession.
10. He would further submit in his argument
judgment on :04.07.2012
Date of pronouncement of judgment :30.07.2012
Suit for specific performance, possession, permanent
injunction and declaration
Rajender Kumar Vs. Kasturi ... JUDGMENT:
This is a suit for specific performance, possession, permanent
injunction and declaration filed by plaintiff pleading that the defendants
are recorded coowners having
above mentioned issues, the
plaintiff is entitled for the relief of specific performance, possession
and permanent injunction. Accordingly, the suit of the plaintiff is
decreed ... favour of plaintiff and against the defendant for the relief of
specific performance, possession and permanent injunction. The
defendants are directed to execute the sale
there can be no doubt that where
in a suit for specific performance possession is also
claimed as a relief, the competent Court to deal ... simpliciter specific performance
the same does not amount to a suit for land. If it is a
simpliciter suit for specific performance
namely, he may ask for possession, or for partition or for separate possession including the relief for specific performance. These reliefs he can claim, notwithstanding ... incumbent on the plaintiff to claim possession or partition or separate possession in a suit for specific performance of a contract for the transfer
very suit was subsequently amended for
a decree of possession by means of specific performance of the contracts of sale.
On application under Order ... wherein, it was agreed
that the suit for possession, by way of specific performance of agreements dated
24.6.1994, 14.7.1994 and 14.10.1994 shall be withdrawn
distinction between a suit for specific
performance simplicitor and a suit for specific performance
coupled with delivery of possession has been drawn, it has been ... simplicities specific performance the same
does not amount to a suit for land. If it is a simplicities suit
for specific performance
possession. The question arose:
Was the Court powerless to put him in possession of the
property though he had a decree for specific performance ... specific
performance even though, strictly speaking the right to
possession accrues only when specific performance is
decreed.. The legislature has now made a statutory
provision
suit for specific performance and therefore
RFA No.228/2003 Page 8 of 33
was disentitled to the discretionary remedy of specific performance
including because ... discretionary relief for
specific performance ought to be declined on account of the delay in
filing of the suit for specific performance and the subsequent
