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Suit for specific performance of contract

(Querist) 19 August 2010 This query is : Resolved 
Whether it is essential to specifically claim the relief of possession also in a suit for specific performance where ,plaintiff is not inpossession of the suit property ?
Y V Vishweshwar Rao (Expert) 19 August 2010
Specific Performance of Contract for Sale - contract of sale including delivery of possession - it is part of Sale Transaction - no specific prayer is required in the Suit for specific performance of Agreement /contract of Sale - finally sale Deed to be executed and Registered - sale Deed recitals shall contain the Delivery of possession to purchaser with out the delivery of possession the Sale is not completed .
Rajeev kulshreshtha (Expert) 19 August 2010
Yes ,you should have to clam the possession in suit for specific performance if you are not in possession.if you are not claiming the possession you are barred to claim it in later proceeding because in that case the later proceeding shall be hit by o. 2 r.2 cpc.
pawan sharma (Expert) 19 August 2010
I am agree with Mr. Rao.
Ashok kumar Chelliah Advocate (Expert) 19 August 2010
I am agree with mr.rao
Devajyoti Barman (Expert) 19 August 2010
Yes, I too agree.
s.subramanian (Expert) 19 August 2010
I agree with Mr.Rao and would like to add the following: If the suit is already filed without seeking possesion then proceed with it. But if it to be filed now,choose to add the prayer for possession to avoid unnecessary points from being urged against you. why create a ghost and find it hard to kill. It is always better to take the necessary pleas and prayers at the initial stages.Read Sec.20 of the Specific Relief Act which will throw light on this.
Rasik Dagli (Expert) 20 August 2010
There are two questions.
First regarding possession. When you ask for a specific Performance of an agreement, the agreement will be looked into. If agreements makes a porovision you need not seperately ask for possession. Otherwise you will have to make prayer for possession also.

Secondly when a decree for S.P. is passed and if the JD do not comply with the same, you can file Execution Proceedings. In E.P. Court will appoint a commissioner, normall some staff member or an advocate, to execute the Sale-Deed and accordingly Sale Deed will be executed in favour of Decree Holder.
RASIK DAGLI
Advocate.


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