Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Power to extend time granted in decree for performance of its conditions can be extended on such terms as Court may deem fit - However, non-grant of extension of time cannot be the end of transaction...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Where there is a decree for specific performance, extension of time for payment does not amount to modification of decree - Court does not lose jurisdiction after granting a decree for specific performance nor does it become functus officio...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Where decree for specific performance was passed in favour of plaintiff wherein only two months time was granted to deposit balance sale consideration, Court below while dismissing application for extension of time to deposit sale..........
Civil Procedure Code, 1908, Order 20, Rule 12A -- Decree for specific performance - Where an appeal is filed against decree passed by trial court and appeal is disposed of, appellate Court should specify time to deposit balance sale consideration...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Merely because a decree of specific performance can be executed within 12 years from date of original decree or from the date appellate Court affirms such decree that by itself, does not mean that a decree holder deposits the balance sale consideration at his own sweet will -..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Doctrine of merger - Trial court while allowing suit for specific performance had specifically directed that plaintiff shall deposit balance sale consideration with Court within 20 days from date of judgment passed by trial Court - Contention that decree passed by trial Court can be affirmed by High..........
Agreement to sell -- Specific performance - Extension of time to deposit balance sale consideration - DH granted one month time to deposit balance sale consideration - However, there was no condition in the decree that if DH failed to deposit the amount of balance consideration in a particular period, then suit would automatically be considered as dismissed - Trial Court..........
Agreement to sell -- Specific performance - Refund of advance amount - Suit filed by plaintiff was barred by limitation - Plaintiffs are not entitled to a decree for refund of Rs.1 lakh with interest - However, since plaintiff had spent money in obtaining approval of layout plans and defendant had sold most of suit property and plaintiff have deposited Rs.31,45,000 in..........
Specific Relief Act, 1963, Section 28 -- Decree of specific performance - Recession of contract - Direction issued to JD to execute the sale deed within two months - DH was bound to make payment at any time within period of two months if JD had so approached to him with an offer of execution of sale - However, no direction issued to DH to deposit money with Court to make..........
Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 28 -- Decree of specific performance - Extension of time to deposit balance sale consideration - Delay of 853 days in filing application - No sufficient explanation given for delay in filing application for extension of time - Nothing on record to show that in between any notice was given to..........
