Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1963 – s.28 – Rescission of contract for sale or lease of immovable property Specific Relief Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Specific Relief Act, 1963 – s.28 – Rescission of contract for sale or lease of immovable property, the specific performance of which has been decreed – s.28 gives to the vendor or the lessor the right to rescission of the contract for the sale or lease of the immovable property in the same suit, when after a suit for specific performance is decreed, if the vendor or the lessor fails to pay the purchase money within the period fixed – This section seeks to provide complete relief to both the parties in terms of a decree of specific performance in the said suit without having resort to a separate proceeding – Therefore, a suit for specific performance does not come to an end on the passing of a decree and the court which has passed the decree for specific performance retains control over the decree even after the decree has been passed – s.28 not only permits the judgment-debtors to seek rescission of the contract but also permits extension of time by the court to pay the amount – The power under this section is discretionary and the court has to pass an order as the justice of the case may require – Also, time for payment of sale consideration may be extended even in a consent decree – On facts, as per compromise decree, the appellant was required to pay the balance sale consideration on or before a stipulated date – The trial court in its discretion had granted extension of time for depositing the balance sale consideration assigning cogent reasons – The High Court was not justified in setting aside the said order and cancelling the sale deed. |
Judge | Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2022 INSC 538 |
Petitioner | Kishor Ghanshyamsa Paralikar (dead) |
Respondent | Balaji Mandir Sansthan Mangrul (nath) And Anr. |
SCR | [2022] 3 S.C.R. 553 |
Judgement Date | 2022-05-09 |
Case Number | 3794 |
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