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january 1982

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.

BABU LAL vs HAZARI LAL KlSHORI LAL & ORS. · Niyam