P. SHYAMALA versus GUNDLUR MASTHAN

P. SHYAMALA versus GUNDLUR MASTHAN

The trial Court erred in condoning an unexplained delay of 853 days in granting extension under Section 148 CPC and Section 28 Specific Relief Act; the High Court erred in upholding that order. The agreement to sell dated 09.05.2012 is rescinded under Section 28; I.A. No.732/2016 (plaintiff's application for extension) is dismissed and I.A. No.914/2017 (defendant's application to rescind) is allowed. The plaintiff's advance of Rs.8,00,000 is to be refunded with 12% p.a. from 09.05.2012 until actual payment (within six weeks), failing which interest at 18% p.a. shall apply.

Parties
Appellant: P. SHYAMALA; Respondent: GUNDLUR MASTHAN
Jurisdiction
India
Judgment Date
24 February 2023
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment and Order Dated 17.01.2022
Outcome
Appeals allowed; impugned High Court and trial Court orders quashed and set aside
Legal Topics
Specific Performance, Rescission of Agreement, Extension of Time, Condonation of Delay, Discretionary Relief
Specific Relief Act, 1963 Code of Civil Procedure, 1908 Civil Procedure Equity Specific Performance Rescission of Agreement Extension of Time Condonation of Delay +1 more

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Parties

P. SHYAMALA

Appellant

GUNDLUR MASTHAN

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment and Order Dated 17.01.2022

Legal Issues

  1. 1 Whether the trial Court rightly exercised discretion under Section 28 of the Specific Relief Act and Section 148 CPC to extend time after a delay of 853 days
  2. 2 Whether the agreement to sell should be rescinded for non-payment of the balance sale consideration as per the decree
  3. 3 Whether the explanation for delay (illness) was sufficient to justify condonation and extension of time

Ratio Decidendi

The trial Court erred in condoning an unexplained delay of 853 days in granting extension under Section 148 CPC and Section 28 Specific Relief Act; the High Court erred in upholding that order. The agreement to sell dated 09.05.2012 is rescinded under Section 28; I.A. No.732/2016 (plaintiff's application for extension) is dismissed and I.A. No.914/2017 (defendant's application to rescind) is allowed. The plaintiff's advance of Rs.8,00,000 is to be refunded with 12% p.a. from 09.05.2012 until actual payment (within six weeks), failing which interest at 18% p.a. shall apply.

Court Disposition

Appeals allowed; impugned High Court and trial Court orders quashed and set aside

Orders

  • Impugned common judgment and order dated 17.01.2022 of the High Court is quashed and set aside
  • Order dated 29.06.2019 of the trial Court allowing I.A. No.732/2016 (plaintiff's application for extension) is quashed and set aside and I.A. No.732/2016 stands dismissed