Supreme Court of India
P. Shyamala v. Gundlur Masthan
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What the Court ordered
In view of the above and for the reasons stated above, bot h these appeals succeed.
Judgment, page 11
From the headnote
Specific Relief Act, 1963 : s. 28 – Rescission of agreement to sell, the specific performance of which is decreed – On facts, agreement to sell the suit property between the late mother of the appellant and the respondent – Suit for specific pe rformance by the respondent – Trial court passed an ex parte decree and directed the respondent to deposit balance sale consideration, ho wever, the respondent failed to pay the same – After 853 days the respondent filed an application u/s. 148 CPC and s. 28 of the S pecific Relief Act for extension of time to deposit the balance amount – Tr ial court
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