Y M SHAILAJA Vs. C RAMANJANEYA

JUDGEMENT

(1.) In this writ petition, petitioner - judgment debtor - is challenging the order passed by the Executing Court dismissing the application filed under Section 28 of the Specific Relief Act, 1963 (for short, 'the Act').

(2.) The application was filed by the judgment debtor-petitioner herein seeking to rescind the sale agreement dated 12.01.2004 on the ground that the decree holder had failed to deposit the balance sale consideration of Rs. 6,60,500/- within three months as directed while decreeing the suit. The said application was resisted contending that there was no bonafides on the part of the petitioner in filing the said application and that the same was filed with a malafide intention to protract the proceedings. It was also contended that the provisions of Section 28 of the Act could not be invoked in such circumstances.

(3.) The case of the decree holder was that no such positive direction was issued against him in the judgment and decree passed on 24.02.2007 to deposit the amount. On the other hand, the direction was against the judgment debtor to receive the balance sale consideration amount on or before 24.05.2007 and to execute the sale deed.