Birma Devi vs Subhash

The Supreme Court addressed the issue of whether an executing court can grant possession in a case of specific performance where no express relief for possession was sought. Citing Section 22 of the Specific Relief Act, 1963, the Court held that a decree for specific performance implicitly includes the right to possession unless the property is jointly held or has passed to a third party. The Court upheld the High Court's decision to set aside the executing court's order, affirming that the decree-holder is entitled to possession of the property as part of the specific performance decree.