In Brief
This case concerns whether an executing court can grant possession of property to a decree-holder when a suit for specific performance has been decreed without expressly mentioning possession. The Supreme Court held that when exclusive possession of the property lies with the selling party, a decree for specific performance alone (without explicit mention of possession) gives complete relief and the executing court must hand over possession. This flows from Section 55 of the Transfer of Property Act, which requires the seller to transfer possession. However, if property is jointly held or in third-party possession, the plaintiff must specifically claim possession relief. The Special Leave Petition was dismissed, upholding the High Court's order to grant possession.
The lawyer headnote and full judgment text are available to registered users.