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SANJAY K. AGRAWAL
Goutam Chand Bothra, S/o late Chandanmal Ji Bothra – Appellant
Versus
Bahura Bai, W/o Triloki Sahu – Respondent
ORDER :
1. The short question involved in this revision is, whether the executing court is justified in holding that the agreement to sale of immovable property dated 8-3-2008, which culminated into decree for specific performance of contract, has rescinded in terms of Section 28 of the Specific Relief Act, 1963 and the applicant/decree holder is not entitled for any relief, by rejecting his application and granting the application filed by non-applicant No.1 herein/judgment debtor?
2. The aforesaid question arises in the following factual backdrop: -
2.1) The civil suit filed by the applicant herein/plaintiff on 21-4-2009 claiming specific performance of contract pursuant to the agreement to sale dated 8-3-2008 in respect of the land bearing Khasra No.452, area 0.310 hectare, situate at Village Anjora, District Durg was decreed on 31-7-2010 vide Annexure A-2 with a stipulation that defendant No.1/non-applicant No.1 herein will execute the sale deed after obtaining Rs. 16 lakhs and after demarcation of the suit land, in favour of the plaintiff and with two other conditions. The first application for execution was filed on 2-11-2010 which was not duly constituted and fresh application
The executing court retains jurisdiction to extend time for compliance with a decree for specific performance, even amidst an application for rescission, particularly when the judgment debtor's inact....
The court established that under Section 28 of the Specific Relief Act, the trial court retains jurisdiction to extend time for compliance and to rescind contracts based on equitable considerations.
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 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.
Applications for rescission of specific performance decrees must be filed in the original suit, not in execution proceedings, as per Section 28 of the Specific Relief Act.
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 obligation under a decree for specific performance primarily lies with the judgment-debtor to execute the deed, while the decree-holder's readiness must be established, affirming the non-applicab....
Applications for rescission of contracts must be made in the same suit where the decree was issued, not in execution proceedings.
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