KHADIM HUSSAIN versus WARIS ALI
Section 12 Civil Procedure Code (V of 1908), VI VI, R 17 Suit for the specific performance of a contract for sale of immovable property which is neither sought nor sought by the plaintiff in relief for the acquisition of possession. The decree adopted in the case includes the demand for such relief that it is not necessary to get out of the contract of sale and in the event of special performance that the suit for special relief granted in the suit Praying for such relief would be futile when such a trial decision was pronounced, then on compliance with the conditions laid down at trial. The court, in its execution, will also be entitled to take possession of the suit property
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