G H SURINDER PAL SONI versus SOHAN LAL (D) THRU LRS .

G H SURINDER PAL SONI versus SOHAN LAL (D) THRU LRS .

The appellate court's confirmation of the trial court's decree results in merger; after appellate judgment, the decree is executable and deposit of balance consideration a month after appellate court's confirmation, absent malafide, does not render decree inexecutable; equities favour decree holder; High Court exceeded jurisdiction by substituting refund order in place of specific performance decree.

Parties
Appellant: Surinder Pal Soni; Respondent: Sohan Lal (D) thru LRs.
Jurisdiction
India
Judgment Date
23 July 2019
Procedural Posture
Civil Appeal / Final Decision on Appeal From High Court Judgment in Civil Revision
Outcome
Appeal allowed; impugned High Court order set aside; executing court's order restored.
Legal Topics
Specific Performance, Execution of Decree, Doctrine of Merger, Rescission Under Section 28 Specific Relief Act
Civil Law Specific Performance Execution of Decree Doctrine of Merger Rescission Under Section 28 Specific Relief Act

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Parties

Surinder Pal Soni

Appellant

Sohan Lal (D) thru LRs.

Respondent

Procedural Posture

Civil Appeal / Final Decision on Appeal From High Court Judgment in Civil Revision

Legal Issues

  1. 1 Whether the decree for specific performance was rendered inexecutable due to delay in depositing balance consideration.
  2. 2 Applicability and effect of doctrine of merger on the executability of decree.
  3. 3 Powers of court under Section 28 of Specific Relief Act for rescission and extension of time.

Ratio Decidendi

The appellate court's confirmation of the trial court's decree results in merger; after appellate judgment, the decree is executable and deposit of balance consideration a month after appellate court's confirmation, absent malafide, does not render decree inexecutable; equities favour decree holder; High Court exceeded jurisdiction by substituting refund order in place of specific performance decree.

Court Disposition

Appeal allowed; impugned High Court order set aside; executing court's order restored.

Orders

  • Order of learned Single Judge in Civil Revision No. 3372 of 2015 dated 1 June 2018 set aside.
  • Order of Executing Court dated 23 February 2015 restoring dismissal of respondent's objections in Execution Petition No. 2489 of 2013.