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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PARAMJIT SINGH – Appellant
Versus
VEER SINGH AND OTHERS – Respondent
JUDGMENT :
VIRINDER AGGARWAL, J.
1. Invoking the extraordinary and supervisory jurisdiction of this Court under Article 227 of the Constitution of India, the petitioner seeks judicial correction of grave jurisdictional errors and material irregularities committed by the learned Court below. The present revision petition is directed against the impugned order dated 20.03.2025 (Annexure P-1) passed by the learned Additional Civil Judge (Senior Division), Ferozepur, whereby the respondent has been permitted to deposit the balance sale consideration long after the expiry of the period mandated under the decree, and despite the respondent not having filed any application seeking extension of time for such deposit. The petitioner further assails the consequential order dated 19.08.2025 (Annexure P-2), whereby the learned Court has dismissed the petitioner’s application for rescission of the alleged unregistered sale deed dated 11.02.2020 and for recalling the order dated 20.03.2025, thereby perpetuating an illegality and defeating the settled principles governing specific performance and time-bound deposit of sale consideration.
2. A brief conspectus of the facts reveals that respondent–Vee
The decree for specific performance remains executable despite delays in deposit of balance sale consideration, provided no rescission is sought by judgment debtors.
A decree for specific performance remains executable if the decree-holder follows court permissions for deposit, despite prior non-compliance; timely objections by judgment debtors are essential to e....
(1) Recession of contract – Moving of application under Section 28 of S.R. Act for rescinding contract for non-compliance of condition is not mandatory rather optional and immaterial – Court is not p....
Failure to pay the balance sale consideration within the set time does not abandon the contract; the court retains discretion to extend payment timelines under Section 28 of the Specific Relief Act.
Late deposit of balance sale consideration was justified under the circumstances, observing procedural compliance and bona fide actions of the decree holder.
The executing court has the authority to extend time for deposit of balance consideration in specific performance cases, but such discretion must be exercised judiciously, taking into account the rea....
The main legal point established in the judgment is the discretionary nature of relief of specific performance and the application of Section 28 of the Specific Relief Act, 1963 in the context of ext....
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