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B. PUGALENDHI
P. Rajasekaran – Appellant
Versus
C. Kumar – Respondent
JUDGMENT
(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the judgment and decree passed in I.A.No.789 of 2015 in O.S.No.490 of 2009 dated 09.01.2018 on the file of the Principal Sub Court, Madurai by allowing this civil revision petition.)
1. This Civil Revision Petition is filed as against the fair and decreetal order passed in I.A.No.789 of 2015 in O.S.No.490 of 2009 dated 09.01.2018 by the learned Principal Sub Judge, Madurai.
2. The petitioners are the defendants in the suit in O.S.No.490 of 2009, which was filed by the respondent for specific performance based on a contract entered into between the petitioners and the respondent. The suit was decreed on 29.11.2010 and the appeal filed by the petitioners before the I Additional District Court, Madurai in A.S.No.3 of 2011 was also dismissed on 23.08.2011.
3. By claiming that the respondent/ decree holder neither paid the decree amount nor deposited the amount before the Court, the petitioners/ judgment debtors filed an application in I.A.No.789 of 2015 to rescind the contract as per Section 28 of the Specific Relief Act, 1963, before the learned Principal Sub Judge, Madurai and
The central legal point established in the judgment is the application of Section 28 of the Specific Relief Act, 1963 in the context of specific performance and the consequences of the purchaser's fa....
An application under Section 28 of the Specific Relief Act can only be filed within three years from the date when the right to apply for rescission accrues. The concept of 'reasonable time' is cruci....
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.
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....
Agreement to sell – Provisions to grant specific performance of agreement are quite stringent – Equitable considerations come into play.
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