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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Kesavan – Appellant
Versus
Jayarama Naicker (Died), Mrs. Gowri – Respondent
| Table of Content |
|---|
| 1. facts of the specific performance case. (Para 4) |
| 2. decree holder's alleged misconduct and lack of clean hands. (Para 11 , 12) |
| 3. court's stance on re-litigation and unclean hands. (Para 19 , 22) |
| 4. conclusion dismissing rescission and allowing decree holder's petitions. (Para 40) |
ORDER :
P.B.BALAJI, J.
These revision petitions arise out of orders passed in a suit for specific performance, in Execution Proceedings.
2. The revision in CRP. No.41 of 2017 arises out of dismissal of an Application under Section 28 of the Specific Relief Act, 1963 ( in short 'Specific Relief Act') seeking rescission of the contract. All the other revisions are arising only out of consequential orders and hence, if CRP. No.41 of 2017 is decided, the result of the same would have a direct impact on the other revisions as well.
3. I have heard Mr.T.R.Rajagopalan, learned Senior Counsel for Mr.C.V.Vijaya Kumar & Ms.A.B.Reehana Begum, learned counsel for Petitioner in CRP. Nos.3456, 3548, 3549 & 3553 of 2025/ for Respondents in CRP. Nos.41 of 2017, 1692 & 1693 of 2018 and 1062 of 2025. Mr.V.Raghavachari, leraned Senior Counsel for Mr.S.Indrajith, learned counsel for Respondents in CRP. Nos.3456, 3
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 established that rescission of a decree for specific performance under Section 28 of the Specific Relief Act requires clear evidence of default, and that genuine miscalculations do not auto....
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.
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....
(1) Rescission of contract – While granting relief of extension, it was open for Court to balance equities by putting decree holder to such terms as may adequately compensate judgment debtor for dela....
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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