K. MOHAN Vs. M. KAMALAKANNAN

JUDGEMENT

(1.) The applicant is the plaintiff in C.S.No.755 of 2005. He filed the suit for specific performance of an agreement of sale dated 26.07.2004 entered into between himself and the defendant. By judgment dated 17.3.2010, the suit was decreed as prayed for. The decree holder/plaintiff filed E.P.D.No.52021 of 2011 for execution of sale deed and for recovery of possession and an objection was raised by the office regarding maintainability of the relief sought for in the Execution Petition. The learned Master by order dated 25.7.2011 held that the decree holder is entitled to seek for the relief of execution of sale deed as per the decree and in the Execution Petition, he is not entitled to seek the relief of possession and returned the Execution Petition with a direction to restrict the relief to the extent of execution of sale deed only and not for delivery of possession as the delivery of possession was not ordered by this Court in the decree.

(2.) Hence, the present Application was filed by the applicant/decree holder challenging the above said order of the learned Master in directing him to restrict his prayer to the extent of execution of the sale deed.

(3.) It is contended by the learned counsel for the applicant/plaintiff that in a suit for specific performance, the relief of possession is inherent and the court has got power to grant relief of possession while ordering execution of sale deed. Therefore, the order of the learned Master is erroneous and is liable to be set aside. He also relied upon the judgment in the case of S.S.Rajabathar V. N.A.Sayeed, 1974 1 MadLJ 166 and also the judgment in the case of Lotu Bandu Sonavane v. Pundalik Nimba Koil, 1985 AIR(Bom) 412 in support of his contention.