SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1997 Supreme(SC) 302

1997(3) Supreme 105
SUPREME COURT OF INDIA
K. Ramaswamy & S. Saghir Ahmad, JJ.
Md. Alimuddin -Petitioner
versus
Waizuddin & Anr. -Respondents
Sepcial Leave Petition (C) No. 3177 of 1997
Decided on 19-2-1997
Counsel for the Parties :
For the Petitioner : S.K. Sinha, Advocate.

Headnote:SPECIFIC PERFORMANCE-Decree for specific performance-It has become final-Trial Court directed respondents to deposit balance consideration- Application for extension- Allowed -Respondents have complied with original direction contained in decree-Courts below rightly exercised discretion in extending time for compliance-Application u/s 28(1) Specific Relief Act to rescind contract rightly dismissed. (Paras 1 & 2)

       

ORDER

The petitioner is the judgment-debtor. A decree for specific performance was granted by the Trial Court way back in June 15, 1982 in Title Suit No. 46/1976 which was reversed by the Appellate Court but restored by the High Court. Special Leave Petition was dismissed by this Court. Consequently, the decree for specific performance has become final. It would appear that Trial Court directed the respondents to deposit the balance consideration of Rs. 500/- and draft sale deed on or before June 7, 1982. An application for extension with the challen came to be filed and the same was ordered by the Court on August 20, 1982. The petitioner filed an application under Section 28(1) of the Specific Relief Act to rescind the contract. The Trial Court dismissed the petition. On appeal it was confirmed. In the revision also, the High Court confirmed the same. Thus, this Special Leave Petition.

2. It is true that, as pointed out by Shri Sinha, the learned counsel for the petitioner that the Trial Court while extending the time mentioned that it is at the risk of the plaintiff but having exercised the discretion and allowed the respondents to deposit the balance consideration of Rs. 500/- it amounts to that the Court has extended the time. The respondents have complied with the original direction contained in the decree of July 7, 1982. The Courts below, therefore, have rightly exercised the discretion in extending the time for compliance. We do not find any illegality in the exercise of the power. The SLP is accordingly dismissed.

SLP dismissed.

*******

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top