SUPREME COURT: EVEN IN A CONSENT DECREE OF SPECIFIC PERFORMANCE THE TIME FOR PAYMENT OF SALE CONSIDERATION CAN BE EXTENDED

The Supreme Court in the case Kishor Ghanshyamsa Paralikar (D) Balaji Mandir Sansthan Mangrul (Nath) observed that even in a consent decree of specific performance the time for payment of sale consideration can be extended.

The Bench observed while allowing the appeal that the that the Trial Court in its discretion has granted extension of time for depositing the balance of sale consideration assigning cogent reasons and the bench further restored the order of the Trial Court permitting the appellant to deposit the balance amount of Rs.1,47,500.

The Court permits extension of time to pay the amount. as the court which passes the decree for specific performance retains control does not come to an end on the passing of a decree in a suit for specific performance.

Over the decree even after the decree has been passed therefore Section 28 not only permits the judgment ­debtors to seek rescission of the contract but also permits extension of time by the court to pay the amount as under Section 28, the power is discriminatory and the court has to pass an order as the justice of the case may require as This section also seeks to provide complete relief to both the parties in terms of a decree of specific performance in the said suit without having resort to a separate proceeding. Further the court observed that the time for the time for payment of sale consideration may be extended even in a consent decree.

A compromise was arrived at between the parties during the pendency of a specific performance suit accordingly the Trial Court decreed the suit in terms of the compromise and as per the compromised decree it was mentioned the defendant agreed to sell the suit land for a total consideration of Rs.8,78,500/­. And a sum of Rs. Rs.7,31,000 was paid by the plaintiff to the defendant immediately and within a period of one month from the date of the compromise decree he was required to pay the remaining amount of Rs.1,47,500, a delay of about five days in payment of balance of the amount was there and the plaintiff filled an application to deposit the balance of the amount which was allowed by the trial court on the same day while seeking permission from the court. The sale deed was executed in favour of the plaintiff and accordingly he deposited the said amount and the Trial Court allowed the application filled by plaintiff for seeking extension of time, the application filed by the defending seeking rescission of the contract was dismissed by the Trial Court, after a passage of three years therefore the plaintiff approached the Apex Court as this order of the Trial Court was set aside by the High Court.

The bench comprising of Justice S. Abdul Nazeer and the Justice Vikram Nath observed the decree which is passed by the Court for specific performance retains control over the decree even after the decree has been passed and A suit for specific performance does not come to an end on the passing of a decree.

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