decree for possession is refused. The
learned Advocate contends that to grant a decree for possession in a suit
for specific performance of contract ... incorporate a prayer for
possession. It is held that the relief of possession is implicit in a suit for
specific performance when the defendant himself
decree for possession is refused. The
learned Advocate contends that to grant a decree for possession in a suit
for specific performance of contract ... incorporate a prayer for
possession. It is held that the relief of possession is implicit in a suit for
specific performance when the defendant himself
Sudesh Arora vs Jagdish Raj Sagar Page 1/25
for specific performance, possession, permanent injunction and
consequential relief of damages.
2. The brief facts ... hence, the present suit has been filed by the plaintiff
for specific performance, possession, permanent
injunction and damages against the defendant.
3. Written Statement
execution
and delivery of possession, and no independent revenue record was
produced to conclusively establish the change of possession. Specific
performance being a discretionary relief ... which is a prerequisite for obtaining the
equitable relief of specific performance under the Specific Relief Act,
1963 . While the trial court had accepted
could deliver possession in execution of a decree where no specific
prayer for possession had been made in a suit for specific
performance. It held ... specific performance of the agreement of
sale. If such a relief is ancillary to and necessarily flows
from a decree for specific performance, then
possession in execution of a decree where no specific
prayer for possession had been made in a suit for specific
performance. It held that ... specific performance of the
agreement of sale. If such a relief is ancillary to and
necessarily flows from a decree for specific
performance, then
filed by the plaintiff/respondent for specific
performance, has been decreed by the First Appellate Court for specific
performance.
2. The pleaded case ... favour of some other person. As such, present suit for possession and
specific performance of the Agreement dated 21.11.2005, was filed
Specific
Relief Act, 1877 was in favour of the fact that relief of
possession is ancillary to the decree for specific
performance, it was further ... Section 22 of the Specific Relief Act,
1963. As such, in the suit for specific performance of contract,
decree for possession is inherent
2025]
property. In the suit for specific performance, the possession is
inherent in such suit, therefore, we find that the decree-holders are
in fact ... possession of the land in question
may be delivered to the plaintiff-respondent. The relief of
possession is ancillary to the decree for Specific Performance
plaintiff instituted the underlying civil suit against the
respondents/defendants seeking specific performance, possession, and
permanent injunction relating to an Agreement to Sell dated
