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V.S. PALANICHAMY CHETTIAR FIRM vs. C. ALAGAPPAN AND ANR.

SCR Citation: [1999] 1 S.C.R. 349
Year/Volume: 1999/ Volume 1
Date of Judgment: 03 February 1999
Petitioner: V.S. PALANICHAMY CHETTIAR FIRM
Disposal Nature: Appeal Allowed
Neutral Citation: 1999 INSC 36
Judgment Delivered by: Hon'ble Mr. Justice D.P. Wadhwa
Respondent: C. ALAGAPPAN AND ANR.
Case Type: CIVIL APPEAL/502/1999
Order/Judgment: Judgment
1. Headnote

Specific Relief Act - Sections 16, 28 - Application for extension of time - Suit for specific performance - Decree holder failing to deposit purchase money within the time limit fixed by court - Execution dismissed for want of deposit of balance amount - Application for extension filed after five years of decree - Before the High Court in revision - Remanded to execution Court - Whether maintainable - Held, executing Court can entertain the application for extension - Further held, vendor can seek recission as a defence.

Specific Relief Act - Section 28 - Suit for specific relief decreed - Decree holder failing to deposit balance consideration - No explanation for the delay - Held, discretion be not exercised in favour of decree holder - No extension of time be granted.

Limitation Act - Article 54 - Suit for specific performance filed within limitation - Suit decreed - Balance consideration not deposited - Held, merely because a suit is filed within limitation it does not absolve the decree holder from showing his readiness and willingness for performing the contract. 

2. Case referred
3. Act
  • Specific Relief Act, 1963 (47 of 1963)
4. Keyword
  • Specific Relief Act
5. Equivalent citation
    Citation(s) 1999 AIR 918 = 1999 (4) SCC 702 = 1999 (4) Suppl. SCC 702 = 1999 (1) JT 216 = 1999 (1) Suppl. JT 216 = 1999 (1) SCALE 219