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. Smt. Periyakkal and ors. v. Smt. Dakshyani, (1983) 2 SCC 127 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.