Supreme Court of India · 1982-01-29
BABU LAL vs HAZARI LAL KlSHORI LAL & ORS.
- Citation / case number
- SC 1981/63679
- Court
- Supreme Court of India
- Petitioner
- BABU LAL
- Respondent
- HAZARI LAL KlSHORI LAL & ORS.
- Author
- R.B. MISRA
- Bench
- R.B. MISRA
Judgment text excerpt
The Supreme Court held that a decree for specific performance of a contract includes all necessary actions to complete the sale transaction, as governed by Section 55 of the Transfer of Property Act. The Court clarified that the execution of a decree can include possession, and the objections raised by the judgment-debtor under Section 47 of the Code of Civil Procedure were largely overruled. The Court confirmed the High Court's modification allowing decree-holders to obtain possession, thereby dismissing the petition of the judgment-debtor.