SUNDERLAL Vs. GOPAL SHARAN

JUDGEMENT

(1.) This revision is filed by the judgment-debtor against an order whereby the executing Court has directed them to hand over the vacant possession of the suit property.

(2.) The facts of the case are that the respondent filed a suit for specific performance of a contract against the present petitioners. In the said suit relief for possession was not asked by the plaintiff, as the plaintiff alleged that he is in possession of the suit property. Ultimately, a decree for specific performance was passed in favour of the plaintiff. As the plaintiff has not prayed for the relief of possession in the plaint itself, the decree is silent on the point of possession. After obtaining the decree for specific performance the respondent filed execution proceedings in which he has claimed not only the relief of execution of the document but also for possession.

(3.) The petitioners objected to the relief of possession. The said objections were overruled by the executing Court and the executing Court directed the petitioners to execute the sale-deed as well as to hand over the possession of the suit property. This order is under challenge in the present revision.