BABU LAL versus HAZARI LAL KISHORI LAL & ORS.

BABU LAL versus HAZARI LAL KISHORI LAL & ORS.

The relief of possession is inherent in a decree for specific performance of a contract for sale of immovable property and is executable even if not expressly prayed; the High Court has power to grant such relief, including amending the decree in execution proceedings, to avoid multiplicity of suits and advance justice.

Parties
Petitioner/judgment Debtor: Babu Lal; Respondent/decree Holder: Hazari Lal Kishori Lal; Respondents/decree Holders: Respondents 2 to 5; Respondents/vendors: Respondents 6 to 9
Jurisdiction
India
Judgment Date
29 January 1982
Procedural Posture
Petition for Special Leave to Appeal (civil) / Supreme Court (final Disposal)
Outcome
Petition dismissed
Legal Topics
Specific Performance, Execution Proceedings, Relief of Possession, Amendment of Plaint
Civil Law Property Law Specific Performance Execution Proceedings Relief of Possession Amendment of Plaint

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Parties

Babu Lal

Petitioner/judgment Debtor

Hazari Lal Kishori Lal

Respondent/decree Holder

Respondents 2 to 5

Respondents/decree Holders

Respondents 6 to 9

Respondents/vendors

Procedural Posture

Petition for Special Leave to Appeal (civil) / Supreme Court (final Disposal)

Legal Issues

  1. 1 Whether a decree for specific performance without an explicit prayer for possession is executable for possession
  2. 2 Court's power to allow amendment of plaint during execution proceedings to include relief of possession
  3. 3 Applicability of Sections 22 and 28 of the Specific Relief Act to execution proceedings

Ratio Decidendi

The relief of possession is inherent in a decree for specific performance of a contract for sale of immovable property and is executable even if not expressly prayed; the High Court has power to grant such relief, including amending the decree in execution proceedings, to avoid multiplicity of suits and advance justice.

Court Disposition

Petition dismissed

Orders

  • Petition for special leave to appeal is dismissed; decree-holders are entitled to possession in execution as granted by the High Court.