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Civil · Reportable judgment

Birma Devi & Ors. vs Subhash & Anr.

Court
Supreme Court of India
Date
6 December 2024
Case No.
Special Leave Petition(Civil) No. 29397 of 2024
Result
Dismissed
Bench
J.B. Pardiwala, R Mahadevan
Citation
[2024] 12 S.C.R. 484 : 2024 INSC 949
Acts & Sections
Specific Relief Act, 1963 TP Act
Supreme Court Reports [2024] 12 S.C.R. 484 : 2024 INSC 949
Issue for consideration
Whether the relief of possession may be granted by the executing court in a case where the suit has been decreed for specific performance simpliciter and no express relief for the transfer of possession of the suit property has been granted.
Headnote

Specific Relief Act, 1963 – s.22 – Executing court declined to handover the possession of the suit property to the respondents-plaintiffs (decree holders) holding that though there was a decree for specific performance no relief as regards putting the plaintiffs in possession of the suit property was granted – Order set aside by High Court – Challenged by subsequent purchasers:

Held: In cases where the possession of the suit property is exclusively with the contracting party, then a decree for specific performance simpliciter, without specifically providing for delivery of possession, may give complete relief to the decree holder – However, in cases where the relief of possession cannot be effectively granted to the decree-holder without specifically claiming relief for possession, for example, in cases where the property agreed to be conveyed is jointly held by the defendant with other persons, or cases where after the contract the property has passed in possession of a third person, then the plaintiff, in order to obtain complete and effective relief, must claim the relief of transfer of possession over the property – Section 22 allows the plaintiff to amend the plaint to include a claim for the relief of possession, partition, etc. at “any stage of the proceeding” including the stage of execution of the decree by the executing court – Special Leave Petition dismissed – Transfer of Property Act, 1882 – s.55. [Paras 13, 16]

Keywords: Agreement of sale · Decree for specific performance · Executing court · Relief of possession · Suit decreed for specific performance simpliciter · No express relief for the transfer of possession of the suit property · Possession of the suit property not handed over · Delivery of possession · Contracting party · Complete relief to the decree holder · Relief of possession · Property passed in possession of a third person · Subsequent purchasers · Stage of execution of the decree · Amend the plaint

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. Application seeking permission to file the Special Leave Petition is granted. 2. Delay condoned. 3. This petition arises from the order passed by the High Court of Judicature for Rajasthan, Bench at Jaipur in SB Civil Writ Petition No.4982/2020, by which the High Court allowed the petition filed by the respondents – herein (original plaintiffs and decree holders) and set aside the order passed by the Additional District Judge, Bansur, District Alwar (Rajasthan) in Execution No.06/2018. 4. The facts of this case in brief are that the petitioners– herein claim to be the subsequent p
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