Supreme Court · 2022 INSC 538 · Decided 9 May 2022

Kishor Ghanshyamsa Paralikar (Dead) v. Balaji Mandir Sansthan Mangrul (Nath) and ANR.

Court
Supreme Court of India
Citation
2022 INSC 538 · [2022] 3 S.C.R. 553
Case number
CIVIL APPEAL No. 3794/2022
Decided
9 May 2022
Bench
S. ABDUL NAZEER, VIKRAM NATH (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Specific Relief Act Section 28

Headnote

Specific Relief Act, 1963 - s.28 - Rescission of contract for sale or lease of immovable property, the specific performance of which has been decreed - s.28 gives to the vendor or the lessor the right to rescission of the contract for the sale or lease in the same suit, when after a suit for specific performance is decreed, if the vendor or the lessor fails to pay the purchase money within the period fixed - This section seeks to provide complete relief to both the parties in terms of a decree of specific performance in the said suit

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