NDLI: P. Shyamala Vs. Gundlur Masthan

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Specific Relief Act s. 28 Rescission of agreement to sell 1963
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908) Specific Relief Act, 1963 (47 of 1963)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Specific Relief Act, 1963 : s. 28 – Rescission of agreement to sell, the specific performance of which is decreed – On facts, agreement to sell the suit property between the late mother of the appellant and the respondent – Suit for specific performance by the respondent – Trial court passed an ex parte decree and directed the respondent to deposit balance sale consideration, however, the respondent failed to pay the same – After 853 days the respondent filed an application u/s. 148 CPC and s. 28 of the Specific Relief Act for extension of time to deposit the balance amount – Trial court allowed the application of the respondent while dismissed the appellant’s application u/s. 28 – High Court dismissed the revision filed by the appellant – Held : Nothing is on record that any steps were taken by the respondent either to deposit/pay the balance sale consideration or even calling upon the appellant to execute the sale deed as per the judgment and decree passed by the trial court till the application u/s. 148 CPC and s. 28 of the Specific Relief Act was filed – If the respondent was ready with the money payable towards the balance sale consideration, he could have got the sale deed executed through power of attorney after effecting deposit/payment – In absence of any sufficient explanation, such a huge delay of 853 days ought not to have been condoned by the trial Court – Moreover, s. 28 of the Specific Relief Act seeks to provide complete relief to both the parties in terms of a decree of specific performance – Therefore, the trial court failed to exercise the discretion judiciously in favour of the appellant and erred in exercising the discretionary power in favour of the respondent, that too with a delay of 853 days – High Court erred in upholding the same – Code of Civil Procedure, 1908 – s. 148.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2023 INSC 162
Petitioner	P. Shyamala
Respondent	Gundlur Masthan
SCR	[2023] 3 S.C.R. 35
Judgement Date	2023-02-24
Case Number	1363

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