order was tested in appeal before the Supreme Court in Manickam @ Thandapani vs. Vasantha [(2022) SCC online SC 2096] . Hon'ble Mr.Justice V.Ramasubramanian (as his Lordship then was) held that in a suit for specific performance, there need not be a specific clause ordering delivery. On the sale deed being executed in favour of the decree holder, the cause of action to file an application for delivery arises. As seen in this case, even before the delivery was ordered, an Execution Petition in E.P.No.22 of 2017 was filed for execution of the sale deed and in pursuant to the orders of the Court, the sale deed was also executed on 29.01.2020. Therefore, all that remained was to file an application for delivery, the cause of action which arose to the decree holder on the execution of the sale deed by the Court. Therefore, an application was filed in E.A.No.1 of 2020. Applying the view taken by Hon'ble Mr.Justice V.Ramasubramanian in the aforesaid case, I do not find any merit in the argument of Mr.D.S.Ramesh that since there is no specific clause for recovery of possession, the Court ought not to have ordered delivery.
