CHANDA (DEAD) THROUGH LRS. versus RATTNI AND ANR.

CHANDA (DEAD) THROUGH LRS. versus RATTNI AND ANR.

The contract was rightly rescinded under Section 28 of the Specific Relief Act, 1963 because the plaintiff failed to deposit the balance sale consideration within the period allowed by the decree, and no prayer was made for deposit or extension of time before the Trial Court or High Court. The direction to deposit was implicit in the decree's terms.

Parties
Appellant: Chanda (Dead) Through LRs.; Respondent: Ra Ttni
Jurisdiction
India
Judgment Date
23 March 2007
Procedural Posture
Civil Appeal / Final Decision on Appeal From a High Court Revision Order
Outcome
Appeal dismissed
Legal Topics
Specific Performance, Rescission of Contract, Discretion of Court Under Specific Relief Act
Contract Law Property Law Specific Performance Rescission of Contract Discretion of Court Under Specific Relief Act

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Parties

Chanda (Dead) Through LRs.

Appellant

Ra Ttni

Respondent

Procedural Posture

Civil Appeal / Final Decision on Appeal From a High Court Revision Order

Legal Issues

  1. 1 Whether the contract for sale was rightly rescinded under Section 28 of the Specific Relief Act, 1963 due to failure by the plaintiff to deposit balance sale consideration?
  2. 2 Whether the Court has the discretion to rescind specific performance decree after non-compliance?

Ratio Decidendi

The contract was rightly rescinded under Section 28 of the Specific Relief Act, 1963 because the plaintiff failed to deposit the balance sale consideration within the period allowed by the decree, and no prayer was made for deposit or extension of time before the Trial Court or High Court. The direction to deposit was implicit in the decree's terms.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; contract for sale rescinded; no order as to costs.