SUPREME COURT CLARIFIES: NO INTERIM STAY ON BAR ASSOCIATION ELECTIONS BEING HELD STRICTLY AS PER BYE-LAWS, POLICIES

The bench in the case observed that when possession of the immovable property is transferred implicitly upon execution of the sale deed, a separate suit seeking possession of the immovable property is not required under Section 22 of the Specific Relief Act, 1963, SRA.

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The Supreme Court in the case Birma Devi And Ors Versus Subhash And Anr observed and has reiterated that it would not be necessary for the decree-holder seeking specific performance of an agreement to sell simpliciter to file a separate application under Section 22 of the Specific Relief Act, 1962, SRA in order to claim possession of suit property.

The bench comprising of Justice JB Pardiwala and Justice R Mahadevan was hearing the present matter.