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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
Sreelal S/o Maniyappan – Appellant
Versus
Dwarayappan @ Radhakrishnan S/o Pazhaniswami Kounder – Respondent
| Table of Content |
|---|
| 1. trial court's decree outlined specific performance requirements. (Para 2 , 3) |
| 2. debate on the readiness and willingness of petitioners surrounding contract performance. (Para 5 , 6) |
| 3. court's powers under cpc to extend time for payment of balance consideration discussed. (Para 7 , 8) |
| 4. supreme court rulings underscore the necessity of discretion in contract fulfillment matters. (Para 9 , 10) |
| 5. final ruling emphasizes the allowance of payment extensions due to reasonable circumstances. (Para 11 , 12) |
JUDGMENT :
MURALI PURUSHOTHAMAN, J.
1. This original petition is filed under Article 227 of the Constitution of India against Ext. P6 order dated 13.04.2018 in I.A. No.1277 of 2018 in O.S. No.11 of 2016 on the files of the Court of the Subordinate Judge (Addl.), Palakkad.
2. The suit was filed by the petitioners herein for specific performance of contract with alternate prayer for return of advance amount. The trial court set the respondents/defendants ex parte and decreed the suit on 11.08.2017 as following:
“1) The plaintiff is directed to deposit balance sale consideration within 3 months from today and give notice thereafter defendants.
2) On receipt of the notice on de
Courts possess discretion under CPC and the Specific Relief Act to extend deadlines for contract performance, reflecting on claimants' willingness and circumstances surrounding payment delays.
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....
Agreement to sell – Provisions to grant specific performance of agreement are quite stringent – Equitable considerations come into play.
The court ruled that the application for extension of time for depositing sale consideration is valid, given the decree holder's consistent readiness and ongoing appeals affecting timelines.
Point of Law : Section 28 of Specific Relief Act 1963 says “such further period as Court may allow” thereby empowering Courts to extend period for deposit of amount specified - However, there cannot ....
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.
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