Section 28 Specific Relief Act - Time To Deposit Balance Sale Consideration Cannot Be Extended As A Matter Of Course : Supreme Court
Live LawThe Supreme Court recently rescinded a sale agreement after noting that the plaintiff, who secured a decree for specific performance of the contract, had failed to deposit the balance sale consideration within time. Highlighting that the power under section 28 of the Specific Relief Act is discretionary, a Bench of Justices MR Shah and CT Ravikumar observed that it was not correct on the part of the Trial Court to condone a delay of 853 days which the plaintiff took to move an application seeking extension of time to pay the balance amount of a sale consideration. “Therefore, as observed by this Court, the power under Section 28 of the Specific Relief Act is discretionary and the Court has to pass an order as the justice may require….The application filed by the plaintiff under Section 148 CPC and Section 28 of the Specific Relief Act seeking extension of time to deposit the balance sale consideration was hopelessly delayed. After 853 days, the original plaintiff filed an application under Section 148 of the Code of Civil Procedure and Section 28 of the Specific Relief Act seeking extension of time to deposit the balance sale consideration. “The explanation which was given by the plaintiff, narrated hereinabove, can hardly be said to be a sufficient explanation as to why the plaintiff did not pay the balance sale consideration as per the judgment and decree or even did not make an application within a reasonable time under Section 148 CPC and Section 28 of the Specific Relief Act seeking extension of time for making payment.” If the plaintiff was ready with the money, he could have got the sale deed executed through power of attorney after effecting payment, the Court said while adding that the Trial Court was wrong to condone the huge delay of 853 days without sufficient explanation.
History of this topic
S.20 Specific Relief Act | Defendant Can Raise Plea Of Hardship Only If It Was Unforeseeable At Contract Formation: Supreme Court
Live Law
S.20 Specific Relief Act | Defendant Can Raise Plea Of Hardship Only If It Was Unforeseeable At Contract Formation: Supreme Court
Live Law
Relief Of Specific Performance In An Agreement Of Sale Will Not Be Granted If Vendor Has No Absolute Title Over Suit Schedule Property: Andhra Pradesh HC
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