Can the relief of possession 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?
Specific Relief Act 1963 – Section 22 -Referred to Babu Lal v. Hazari Lal Kishori Lal reported in (1982) 1 SCC 525- Section 22, which was introduced by the legislature to avoid multiplicity of proceedings, allows the plaintiff to amend the plaint to include a claim for the relief of possession, partition, etc. at any stage of the proceeding- The expression “any stage of the proceeding” includes the stage of execution of the decree by the executing court [In this case, HC held that even if no decree for possession has been sought and the suit for specific performance is decreed, the Executing Court is under an obligation to see that the possession of the suit property as decreed is handed over to the decree-holder- SC dismissed SLP]