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.

JUDGMENT

Sanjay Vashisth, J.

Present revision petition has been filed by the Judgment Debtors (JDs/petitioners herein), impugning the order dated 25.04.2023 (Annexure P-5), vide which, application dated 11.11.2021, filed by respondent No.1 [Decree Holder (DH)], for extending the time for deposit of the balance sale consideration within 10 working days, has been allowed.

Another order under challenge is dated 14.07.2023 (Annexure P-6), vide which, Executing Court dismissed the application dated 08.09.2021, filed by the petitioners (JDs) for declaring the agreement to sell rescinded under section 28(1) of the Specific Relief Act, 1963 (in short, 'Act of 1963').

2. Facts of the case are that DH - Santosh Rani filed a suit for possession by way of specific performance of agreement dated 04.09.2012, with a direction to the defendants to execute, and to register the sale-deed of the house/property measuring 375 sq. yards bearing M.C.J. No.4520, situated in the area of Mohalla Sainchran Jagraon, Tehsil Jagraon, District Ludhiana. Said suit was instituted on 26.09.2014, against (1) Sudha Kapoor, (2) Ashok Kapoor, (3) Jaisika, (4) Ruchi; and (5) Nandan Kapoor (now JDs).

Learned trial Court vide judgment & decree dated 04.02.2019, decreed the suit by directing the defendants to execute and register the sale-deed in favour of the plaintiff within a period of two months from the date of order, on payment of balance sale consideration. Plaintiff (DH) was also directed to pay interest @ 12% per annum, to defendant No.1 (JD) (as per her share in the remaining sale consideration), along with balance sale consideration from 01.12.2016, till payment. Relief ordered by the learned trial Court is reproduced here-below:-

"Relief. (Issue No. 5)

16. In view of my findings on issues no. 1 and 2, suit of the plaintiff is hereby decreed and the defendants are directed to get execute and register the sale deed in favour of the plaintiff within a period of two months from the date of this order on payment of balance sale consideration and further, plaintiff is directed to pay interest at the rate of 12% per annum to the defendant No. 1 (as per her share remaining sale consideration) alongwith balance sale consideration from 01.12.2016 till payment. Further, the defendants are hereby restrained from alienating the suit property in any manner to any person except the plaintiff. Decree-sheet be drawn accordingly and file be consigned to record room."

3. Operative part of the decree-sheet dated 04.02.2019, is also reproduced here-under:-

"Plaint presented on: 26.09.2014

This suit si coming on this day i.e. 4th of February 2019 for final disposal before me (Pradeep Synghal, PCS, Additional Civil Judge (Senior Division), Jagraon in the presence of Sh. Sandeep Gupta, Advocate counsel for plaintiff, Sh. Gurtej Singh Gill, Advocate counsel for defendant No.1, Sh. Kewal Krishan Kapil, Advocate counsel for defendants No.2, 4 and 5 and defendant No.3 exparte.

It is, hereby, ordered that suit of the plaintiff is hereby decreed and the defendants are directed to get execute and register the sale deed in favour of the plaintiff within a period of two months from the date of this order on payment of balance sale consideration and further, plaintiff is directed to pay interest at the rate of 12% per annum to the defendant No.1 (as per her share remaining sale consideration) along-with balance sale consideration from 01.12.2016 till payment. Further, the defendants are hereby restrained from alienating the suit property in any manner to any person except the plaintiff."

4. On 14.03.2019, defendant No.1, consented for execution of the sale-deed qua her half of the share; and, suit was contested by the petitioners only, as the dispute remained only with regard to the half of the share of the property in question. Thus, the dispute was in regard to the half of the share of the property.

5. On 13.03.2019, defendants No.2 to 4 (petitioners and respondent No.4) filed an appeal bearing