whether a purchaser of a vacant land under registered Sale Deed and claiming to be in possession of the land can maintain an application under Order 21 Rule 97 of the Code of Civil Procedure complaining of his alleged dispossession in execution of the decree of specific performance of contract of sale obtained ex parts by the decree holder against the original owner of the suit property?--yes.
provisions of Order XXI Rule 97 and 99 have been widely and liberally construed to enable the executing court to adjudicate the inter se claims of the decree holder and the third parties in the executing proceedings themselves to avoid prolongation of litigation by driving parties to file independent suits.
Salmond on jurisprudence explains that the word "possession" is a word of 'open texture'. Its legal meaning has to be ascertained from the context. The property involved in the present case is open vacant land. Such property is possessed by a person who has control over the same. This 'control' over the property means 'power to exclude all others'. The test then for determining whether a man is in possession of anything is whether he is in 'general control' of it - maybe that he is not in actual and physical possession or using the same.
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