The significance of Section 28 of the Specific Relief Act and its implications on the appealability of the decision.

Inveighing the order dated 210. 2004, passed in I.A.Nos.5180 and 6296 of 2003 and 10407 of 2004 respectively in O.S. No. 5231 of 1998 on the file of the XIII Asst. Judge, City Civil Court, Chennai, these civil revision petitions are focused.

2. Heard both sides.

3. Broadly but briefly, narratively but precisely the relevant facts absolutely necessary and germane for the disposal of these three revisions would run thus:

(i) The revision petitioner filed the suit O.S.No.5231 of 1998 seeking specific performance of agreement to sell. After contest, the Court passed the compromise decree on 13. 2001 as per clauses 4 and 5 of the memo of compromise, which would run thus:

“Clause 4: The 1sr defendant has to execute the sale deed on the stamp papers furnished by the plaintiff and the entire registration expenses have to be borne by the plaintiff. The 1st defendant has to execute the sale deed in favour of the plaintiff or his nominee within two months from this date. The balance of sale consideration will be paid be fore the Sub Registrar at time of registration.

Clause 5: If the 1st defendant fails to execute and register the sale deed within the aforesaid period, the plaintiff shall deposit the balance of sale consideration into Court and the document can be executed through Court.”

(ii) The compromise decree passed is as under:

“(i) That on payment of balance sale consideration of Rs.1,30,500/- by the plaintiff before the Sub Registrar, the 1st defendant on or before 15. 2001 do convey, execute and register at the costs of the plaintiff, the deed of sale conveying to the eastern half of the suit property described in the schedule hereunder and marked RED in the plan annexed with the compromise memo;

.(ii) that in the case of 1st defendant failing to execute and register the sale deed as per clause (i) supra, the plaintiff be at liberty to apply to Court for a deed of sale being executed in favour of the plaintiff in respect of the property mentioned in the schedule hereunder;

(iii) that the 1st defendant shall retain the original sale deed of the suit property described in the schedule hereunder and the registration copy of the same shall be given to the plaintiff;

.(iv) that there be no costs in this suit; and

.(v) that the memo of compromise do form part of the decree.”

(iii) Thecontention of the defendant/Santhanakrishnan was that within the time stipulated in the compromise decree as well as in the compromise memo, the plaintiff failed to pay the requisite amount, whereupon the decree became inoperative. Subsequently I.A.No.5180 of 2003 was filed by the plaintiff to get the decree amended with the following prayer:

“To amend the decree to make it in conformity with the judgment.”

(iv) Subsequently, during the pendency of that, one other I.A.No.6296 of 2003 was filed by the defendant invoking Section 28 of the Specific Relief Act with the following prayer:

“To rescind the contract dated 21. 1980 being the subject matter in the above suit”

.(v) The revision petitioner also filed yet one other I.A. No.10407 of 2004 seeking permission to deposit the balance amount to the credit of the suit, so to say after three years and three months from the date of the compromise decree. The Court heard all the three applications together and by common order dated 210. 2004 allowed the application filed by the defendant invoking Section 28 of the Specific Relief Act, thereby the agreement to sell itself was rescinded, whereas, the other two applications filed by the revision petitioner were dismissed.

4. Being aggrieved by and dissatisfied with the orders passed in all the three applications, these three revisions have been filed more or less on one and the same set of grounds.

5. Thepoints for consideration would be as under:

.(1) Whether any amendment to the compromise decree is warranted on the ground that it has not got incorporated in the operative portion of the decree reflecting the true spirit of the compromise memo