Specific Relief Act, 1963–Sec. 22–Code of Civil Procedure, 1908–Sec. 47–Execution of decree of specific performance–Objection application with the averments that the property in dispute is the ancestral property and thus the execution proceedings cannot be initiated against the deceased R–Further objection that no relief in regard to possession was sought in the plaint–Dismissal of application–In the application, the petitioners submitted that the deceased R was ready to abide the terms of the said agreement and on other hand, it was stated that the agreement is fake and forged–Specific direction has been given for execution of the sale deed through the decree–The relief of possession is ancillary to the decree of specific performance and need not be specifically claimed–It is open for the plaintiff/respondent to make a prayer for delivery of possession at the time of filing the execution of decree–Held, no case is made out for interference.
