Back
ARUN KUMAR JHA
Pramod Vyas – Appellant
Versus
Nand Lal Yadav – Respondent
Arun Kumar Jha, J.—
In C. Misc. Jurisdiction No. 640 of 2024
The petitioner has filed the present petition under Article 227 of the Constitution of India for quashing the order dated 13.10.2023 passed by learned Sub-Judge-II, Bettiah, West Champaran in Execution Case No. 07 of 2003 whereby and whereunder the learned Sub-ordinate Court has granted permission to the respondent-decree holder to deposit Rs.55,000/-, towards the balance consideration amount for execution of the ex parte judgment dated 19.10.2001 passed in Title Suit No. 36 of 2000.
2. The conspectus of the case, as it emerges from the record, is that the respondent filed Title Suit No. 36 of 2000 seeking relief of specific performance of contract against the defendant/petitioner putting a case that plaintiff and defendant had entered into an agreement for sale in the year 1997 for a piece of land appertaining to Thana No. 128, Ward No. 3, Khesra No. 6382 and 6399, Area- 1 katha 10 dhurs for consideration amount of Rs. 2,25,000/-. The matter proceeded ex parte and vide judgment dated 19.10.2001, the suit was decreed against the defendant with direction to execute the sale deed after taking the balance amount of Rs.55,000/-
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....
The decree for specific performance remains executable despite delays in deposit of balance sale consideration, provided no rescission is sought by judgment debtors.
The main legal point established in the judgment is the discretionary nature of relief of specific performance and the application of Section 28 of the Specific Relief Act, 1963 in the context of ext....
Point of Law : Provisions of section 28(1) of the Specific Relief Act, 1963 in light of the provisions of Order XX Rule, 12A of the CPC, and it was held that the provisions of Order XX, Rule 12A mand....
A party seeking specific performance must have clean hands; failure to disclose subsequent agreements does not negate execution of prior decrees, provided timelines for compliance are met.
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....
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
