Supreme Court · 2023 INSC 162 · Decided 24 February 2023
P. Shyamala v. Gundlur Masthan
- Court
- Supreme Court of India
- Citation
- 2023 INSC 162 · [2023] 3 S.C.R. 35
- Case number
- CIVIL APPEAL No. 1363/2023
- Decided
- 24 February 2023
- Bench
- M.R. SHAH, C.T. RAVIKUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 28, 148; Specific Relief Act Section 28
Headnote
Specific Relief Act, 1963 : s. 28 - Rescission of agreement to sell, the specific performance of which is decreed - On facts, agreement to sell the suit property between the late mother of the appellant and the respondent - Suit for specific performance by the respondent - and directed the respondent to deposit balance sale consideration, however, the respondent failed to pay the same - After 853 days the respondent filed an application u/s. 148 CPC and s. 28 of the Specific Relief Act for extension of time to deposit the balance amount - Trial court
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