Power to grant relief for possession, partition, refund of earnest money, etc.
Notwithstanding anything to the contrary contained in the Code of Civil Procedure, 1908 5 of 1908 , any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for a possession, or partition and separate possession, of the property, in addition to such performance or b any other relief to which he may be entitled, including the refund of any earnest money or deposit paid or 1made by him, in case his claim for specific performance is refused.
a possession, or partition and separate possession, of the property, in addition to such performance or
b any other relief to which he may be entitled, including the refund of any earnest money or deposit paid or 1made by him, in case his claim for specific performance is refused.
No relief under clause a or clause b of sub-section 1 shall be granted by the court unless it has been specifically claimed Provided that where the plaintiff has not claimed any such relief in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just for including a claim for such relief.
The power of the court to grant relief under clause b of sub-section 1 shall be without prejudice to its powers to award compensation under section 21.