Supreme Court · 2024 INSC 949 · Decided 6 December 2024
Birma Devi & ORS. v. Subhash & ANR.
- Court
- Supreme Court of India
- Citation
- 2024 INSC 949 · [2024] 12 S.C.R. 484
- Case number
- SPECIAL LEAVE PETITION (CIVIL) No. 29397/2024
- Decided
- 6 December 2024
- Bench
- J.B. PARDIWALA, R MAHADEVAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 55; Specific Relief Act Section 22
Headnote
Whether the relief of possession may be granted by the executing court in a case where the suit has been decreed for specific performance simpliciter and no express relief for the transfer of possession of the suit property has been granted. Specific Executing court declined to handover the possession of the suit property to the respondents-plaintiffs (decree holders) holding that though there was a decree for specific performance no relief as regards putting the plaintiffs in possession of the suit property was granted - Order set
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)