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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 :
These revision petitions arise out of orders passed in a suit for specific performance, in Execution Proceedings.
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, 3548, 3549 & 3553 of 2025 / for Petitioners in CRP. Nos.41 of 2017, 1692 & 1693 of 2018 and 1062 of 2025.
For the sake of convenience, the parties are referred to as judgment debtors and decree holder. The judgement debtor entered into a sale agreement with the decree holder in respect of an extent of 1.64 acres situate in Vanagaram Village on 14.05.1992. The decree holder filed a suit for specific performan
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....
The decree for specific performance remains executable despite delays in deposit of balance sale consideration, provided no rescission is sought by judgment debtors.
The obligation under a decree for specific performance primarily lies with the judgment-debtor to execute the deed, while the decree-holder's readiness must be established, affirming the non-applicab....
Agreement to sell – Provisions to grant specific performance of agreement are quite stringent – Equitable considerations come into play.
The executing court retains jurisdiction to extend time for compliance with a decree for specific performance, even amidst an application for rescission, particularly when the judgment debtor's inact....
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