execution of decree in specificperformance suit

Querist : Anonymous (Querist) 28 December 2009 This query is : Resolved
in a suit filed for specific performance ,the suit is decreed, no prayer for delivary of propertyin plaint.can the court pass a decree for posssesion: without passing a decreefor posseion in the above the court can order delivary of propertyto dhr on petition,after execution petition was closed-u/O.21 r 35 of cpc. if,it is legallyright,is there any supported case law or else what is the course of action for jdr to resstitute his property

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Y V Vishweshwar Rao (Expert) 29 December 2009
In a suit for Specific Performance no separate prayer for delivery of possession needs to be mentioned - Sale agreement - propsoed sale Deed - decree for specific performance- Sale deed under Decree - all for total sale transaction and the decree is for executiona and Registration of the sale Deed - in which the delivery of possesion is one of the part -

The Releif in execution of the Sale deed - in terms of the sale agreement & Decree - the same includes delivery of possession to the purchaser - there need not be any separate proceeeings - in the Sale Deed executed by the Court it can be mentioend that the possesion is delivered or the Bailiff be directed, separatly, to delivery the possession in terms of the sale deed .

Srinath Kondapally (Expert) 29 December 2009
in specific performance cases, it is not required to pray seperately, for which the suit itself based on the terms and conditions of agreement of sale.And accordingly the court can proceed accordingly.

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