Supreme Court of India
Habban Shah v. Sheruddin
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What the Court ordered
In view of the aforesaid facts and circumstances, the decree of specific performance dated 31.10.2012 is rendered inexecutable on account of non-compliance of the condition to deposit the balance sale consideration within the time of three months stipulated therein and the contract as a whole stand rescinded in terms of Section 28 of the Act.
Judgment, page 17
From the headnote
Issue for Consideration Issue arose whether the decree of specific performance passed by the court of first instance directing for the execution of sale deed on deposit of the balance sale consideration within three months would be inexecutable for the reason that the balance sale consideration was not deposited within the time stipulated. Headnotes† Specific Relief Act,1963 – s.28 – Code of Civil Procedure, 1908 – Ord. XX r.12A – Specific performance – Executability of conditional decree – Non-deposit of balance sale consideration within stipulated time – Defendant-appellant entered into
Authorities it was built on
- 1995 N.P. Thirugnanam (d) by L.rs. v. Dr. R. Jagan Mohan Rao and Ors.
- 2019 G H Surinder Pal Soni v. Sohan Lal (d) Thru Lrs.
- 2015 P. R. Yelumalai v. N.M. Ravi
- 2025 Ram Lal v. Jarnail Singh (now Deceased) through its Lrs & Ors.
- 2025 Balbir Singh & Anr. Etc. v. Baldev Singh (d) through His Lrs. & Ors. Etc.
- 2022 Bhagyoday Cooperative Bank Ltd. v. Ravindra Balkrishna Patel Deceased through His Lrs & Ors
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