AIR 2007 SUPREME COURT 1514 ::2007 AIR SCW 2056 ::2007 (3) AIR Kar R 352 ::(2007) 2 CLR 108 (SC) ::2007 (2) WLC(SC)CVL 54 ::2007 (2) CLR 108 ::2007 (3) Civ LJ 730 ::(2007) 2 All RentCas 463 ::(2007) 3 CivilCourtC 139 ::(2007) 2 CivilCourtC 807 ::(2007) 2 Ker LT 32 ::2007 (14) SCC 26 ::(2007) 2 RecCivR 534 ::(2007) 5 Scale 53 ::(2007) 4 CurCC 258 ::2007 (2) CurCC 164 ::(2007) 3 AllMR 341 (SC) ::2007 (3) All MR 341 ::2007 (67) All LR 798 ::2007 (2) HRR 325 ::(2007) 3 ICC 547 ::2007 (2) ICC 721 ::(2007) 3 CTC 773 (SC) ::2007 (3) CTC 773 ::(2008) 1 Mad LW 123 ::2007 (3) MadLJ799 ::2007 (3) Pun LR 307 ::2007 (2) LandLR 106 ::2007 (2) UC 1229 ::2007 (2) Supreme 983 ::2007 (2) All WC 1903 ::(2007) 2 Cal HN 252 ::(2007) 54 AllIndCas 150 (SC) ::2007 (54) AllIndCas 150 ::2007 (1) CurLJ(CCR) 291

Supreme Court Of India

(From : 1999 (123) Pun LR 135)

Hon'ble Judge(s): Arijit Pasayat, Lokeshwar Singh Panta , JJ

Specific Relief Act (47 of 1963) , S.28— Rescission of contract - Powers u/S. 28 - Discretionary - Direction to execute sale deed on payment of remaining balance of consideration within period of two months - Balance consideration not paid for 6 yrs. - Plea that there is no stipulation to pay within particular time raised for first time in Supreme Court - Not tenable - Rescission of contract - Proper. The decree for specific performance has been described as a preliminary decree. The power under Section 28 to rescind the contract is discretionary and the court cannot ordinarily annul the decree once passed by it. Although the power @page-SCW2057 to annul the decree exists yet Section 28 of the Act provides for complete relief to both the parties in terms of the decree in the same suit. The Court does not cease to have the power to extend the time even though the trial Court had earlier directed in the decree that payment of balance price to be made by certain date and on failure suit to stand dismissed.(Para 10) Where the decree for specific performance specifically directed the defendant to execute sale deed on payment of remaining balance of consideration and get it registered within a period of two months from the date of decree, the plea of decree holder raised for first time before S. C. that ....