Supreme Court Clears Path for Possession in Specific Performance Cases.


06 December 2024 Civil Appeals >> Civil & Consumer Law  

In Birma Devi & Others v/s Subhash & Another., the Supreme Court granted permission to file the Special Leave Petition (SLP) and condoned the delay in its filing. The case concerns an appeal challenging a decision by the High Court of Rajasthan, which had set aside an order by the Additional District Judge in an execution case involving a decree for specific performance of a property sale agreement.

The petitioners, who are subsequent purchasers of the property, sought to challenge the High Court’s decision directing the execution of the sale deed and the transfer of possession to the original plaintiffs, who had been granted a decree for specific performance. The High Court ruled that, in cases of specific performance, even without an express decree for possession, the executing court is obligated to ensure the transfer of possession to the decree-holder.

 
 

The core issue was whether the executing court can grant possession in a specific performance case where the decree does not explicitly mention possession. The Court referred to established legal precedents, particularly the case of Babu Lal v. Hazari Lal, where it was held that in certain cases, such as when the defendant retains exclusive possession, a decree for specific performance implicitly includes the right to possession. The Court reiterated that the executing court can address issues like possession during the execution stage, even if the plaint wasn’t amended to include a specific claim for possession.

In conclusion, the Supreme Court upheld the High Court’s order, dismissing the Special Leave Petition.