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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Birinder Pal Singh, (since deceased) through LRs – Appellant
Versus
Gandharav Singh Nagra (deceased) through LRs – Respondent
JUDGMENT :
Yashvir Singh Rathor, J.
1. Both the revision petitions have been instituted by the petitioners against the order dated 03.01.2026 vide which the applications under Section 28 of Specific Relief Act, 1963 (hereinafter to be referred as 'Act’) moved by them/ JD No.1(i) and JD No.1(ii) have been dismissed.
2. It is submitted by petitioner-Charanbir Singh in the application under Section 28 of the Act that the decree holders/ respondents have filed the present execution petition for execution of judgment and decree dated 16.08.2000 passed by the then Additional Civil Judge (Senior Division), Chandigarh. As per Section 28 of the Act, the vendor is empowered to claim recession of contract on account of default in payment of the balance sale consideration within the stipulated period. It is submitted that the suit was decreed vide judgment and decree dated 16.08.2000 and defendants being the legal representatives of deceased – Jagjit Singh Mann were directed to execute and get registered the sale deed within a period of two months from the date of passing of decree on receipt of balance sale consideration of Rs.5 lakhs. It is further submitted that after passing of the judgment a
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....
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 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.
The finality of a decree after the decision by the higher courts and the executability of the decree based on the deposit of the remaining sale consideration.
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....
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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