Possession Implied: Supreme Court Clarifies Scope of Specific Performance Decrees.
06 December 2024
Property Law >> Civil & Consumer Law
The Supreme Court dismissed the Special Leave Petition (SLP) challenging the Rajasthan High Court's decision, which allowed a decree holder to obtain possession of property based on a decree for specific performance, even though the decree did not expressly grant possession.
The case involved subsequent purchasers challenging the High Court’s order directing the executing court to issue a warrant of possession. The High Court relied on the precedent set in Babu Lal v. Hazari Lal Kishori Lal (1982), holding that a decree for specific performance inherently includes the right to possession if the seller has exclusive possession at the time of the agreement.
The Supreme Court reiterated established legal principles:
Under Section 22 of the Specific Relief Act, 1963, possession can be granted even if not expressly sought, including during execution proceedings.
If the seller retains exclusive possession, a specific performance decree suffices to grant possession.
For complex cases involving third-party possession or co-ownership, explicit relief for possession is necessary.
The Court dismissed the petition, emphasizing that the executing court has the authority to grant possession under such circumstances. Pending applications were also disposed of.
Section 22, Specific Relief Act - 1963