Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
Cheekilode Premalatha, W/o. Late Unni Nair – Appellant
Versus
K.V. Abdurahiman, S/o. K.V. Hussain – Respondent
JUDGMENT :
1. The challenge in this Original Petition is to the common order dated 05.01.2017 passed by the Subordinate Judge's Court, Kozhikode, in I.A.Nos. 3204/2015, 4409/2015 and 1757/2016 in O.S.No.463/2004.
2. The petitioner is the defendant in a suit for specific performance of an agreement for sale. The respondent is the plaintiff. The trial Court decreed the suit on 31.08.2006, directing the defendant to execute the deed of conveyance on receiving the balance sale consideration. In the decree, the trial Court has also directed the plaintiff to deposit the balance sale consideration within three months from the date thereof.
3. The plaintiff preferred an appeal, RFA No.257/2007, before this Court challenging the trial Court's refusal to award the costs of the suit. This Court, as per judgment dated 16.10.2014, dismissed the appeal confirming the trial Court's judgment.
4. After the disposal of the appeal by this Court, it came to the notice of the plaintiff that the amount paid as advance sale consideration was not taken into consideration in the decretal portion. Therefore, on 29.12.2014, the plaintiff filed I.A.No.55/2015 under Section 152 of the Code of Civil Procedure to co
The doctrine of merger applies to decrees for specific performance, allowing the trial Court to retain jurisdiction even after an appellate decree, and the amended decree resets the timeline for comp....
Failure to pay the balance sale consideration within the set time does not abandon the contract; the court retains discretion to extend payment timelines under Section 28 of the Specific Relief Act.
The court affirmed that the executing court retains discretion to extend time for deposit of sale consideration under Section 28 of the Specific Relief Act, and the doctrine of merger applies to decr....
The decree for specific performance remains executable despite delays in deposit of balance sale consideration, provided no rescission is sought by judgment debtors.
(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....
(1) Recession of contract – Moving of application under Section 28 of S.R. Act for rescinding contract for non-compliance of condition is not mandatory rather optional and immaterial – Court is not p....
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 finality of a decree after the decision by the higher courts and the executability of the decree based on the deposit of the remaining sale consideration.
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
