Full Judgment Text
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PETITIONER:
MD. ALIMUDDIN
Vs.
RESPONDENT:
WAIZUDDIN & ANR.
DATE OF JUDGMENT: 02/02/1997
BENCH:
K. RAMASWAMY, S. SAGHIR AHMAD
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
The petitioner is the judgment-debtor. A decree for
specific performance was granted by the Trial Court way back
in June 15, 1982 in Title Suit No. 46/1976 which way
reversed by the Appellant Court but restored by the High
Court. Special Leave Petition was dismissed by this Court.
Consequently, the decree for specific performance has
become final. It would appear that Trial Court directed the
respondents to deposit the balance consideration of Rs.500/-
and draft sale deed on or before June 7, 1982. An
application for extension with the challen came to be filed
and the same was ordered by the Court on August 20, 1982.
The petitioner filed an application under Sec.28 (1) of the
Specific Relief Act to rescind the contract. The Trial Court
dismissed the petition. On appeal it was confirmed. In the
revision also, the High Court confirmed the same. Thus, this
Special Leave Petition.
It is true that, as pointed out by Shri Sinha, the
learned counsel for the petitioner that the Trial Court
while extending the time mentioned that it is at the risk of
the plaintiff but having exercised the discretion and
allowed the respondents to deposit the balance consideration
of Rs. 500/- it amounts to that the Court has extended the
time. The respondents in the decree of July 7, 1982. The
Courts below, therefore, have rightly exercised the
discretion in extending the time for compliance. We do not
find any illegality in the exercise of the power. The SLP is
accordingly dismissed.