PT BALMUKAND Vs. VEER CHAND

JUDGEMENT

(1.) THIS is a judgment-debtor's appeal The plaintiff filed a suit for specific performance of a contract and the suit was decreed. Learned counsel has stated that the plaintiff had also asked for delivery of possession of the property but no mention was made in the decree about delivery of possession. The terms of the decree were as follows :

(2.) WE do not think there is any force in this contention. Section 55 (1) (f) of the Transfer of property Act (iv of 1882) provides that "the seller is bound (f) to give, on being so required, the buyer or such person as he directs such possession of the property as its nature admits;" the decree for specific performance, which provides that the property shall be sold to the plaintiff by the defendants and the sale deed shall be executed within a certain time, failing which the court will have the sale deed executed by a person nominated by it, implies that delivery of possession shall be given in accordance with the provisions of Section 55 (1) (f), T. P. Act. Delivery of possession is a necessary ingredient and part of transfer of ownership.

(3.) LEARNED counsel has relied on the provisions of Order 21, Rule 32 (5), Civil P. C. which are as follows :