Back
J. B. PARDIWALA, MANOJ MISRA
Ishwar (Since Deceased) Thr. Lrs – Appellant
Versus
Bhim Singh – Respondent
Certainly. Please provide the legal document content so I can analyze it and generate the key points with appropriate references.
JUDGMENT
MANOJ MISRA, J.
1. Leave granted.
2. This appeal impugns an order of the High Court of Punjab and Haryana at Chandigarh1 [High Court] dated 11.01.2017 passed in Civil Revision No.8105 of 2016, whereby the revision preferred by the appellant(s) against the order of the Civil Judge (Senior Division), Kaithal2 [Execution Court] dated 03.11.2016 was dismissed.
FACTUAL MATRIX
3. A suit for specific performance was instituted by the respondents against the appellant(s) (which would include their predecessor in interest) for enforcement of an agreement to sell dated 18.05.2005. In the plaint, inter alia, it was alleged that the appellant(s) had agreed to sell the property in dispute at a total consideration of Rs.18 lacs, out of which Rs.9.77 lacs was paid in advance, yet, despite service of notice requesting execution of sale deed, the appellants failed to execute the same.
4. The trial court (i.e., the Court of Additional Civil Judge (Senior Division), Kaithal), vide judgment and decree dated 28.02.2011, decreed the suit in part whereunder the appellant(s) were directed to refund the earnest money with interest, etc.
5. Aggrieved by rejection of the prayer for specific performance of
Rescission of contract – Application seeking rescission of contract or extension of time, under Section 28 (1) of Specific Relief Act, 1963 must be decided as application in original suit wherein dec....
(1) Rescission of contract – While granting relief of extension, it was open for Court to balance equities by putting decree holder to such terms as may adequately compensate judgment debtor for dela....
The court retains jurisdiction to extend time for performance of a decree, but such extensions must be justified and considered alongside applications for rescission to ensure fairness.
The decree for specific performance remains executable despite delays in deposit of balance sale consideration, provided no rescission is sought by judgment debtors.
The executing court has the authority to extend time for deposit of balance consideration in specific performance cases, but such discretion must be exercised judiciously, taking into account the rea....
(1) Agreement to Sell – Suit for Specific Performance – Non-payment of balance sale consideration within time period fixed by Trial Court does not amount to abandonment of contract and consequent res....
The time for depositing the balance sale consideration in a decree for specific performance is not automatically extended after the restoration of the judgment. The decree becomes inexecutable if the....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
