RAVEENDRAN Vs. GOPI

JUDGEMENT

(1.) Can a decree for specific performance of a contract for sale of an immovable property be rescinded under Section 28 of the Specific Relief Act

(2.) The defendant in O.S. No. 5 of 2002 on the file of the Subordinate Judge's Court, Thodupuzha against whom a decree for specific performance of a contract for sale of the scheduled immovable property was passed, unsuccessfully challenged the said judgment and decree in appeal as A.S. No. 205/04 before the District Court, Thodupuzha. The Additional District Judge dismissed the appeal through the impugned judgment and decree dated 28.02.2007. The respondent/defendant has come up in second appeal.

(3.) During the pendency of this RSA, the appellant had approached the trial court with I.A. No. 975/12 in O.S. No. 5/02, purportedly one under Section 28 of the Specific Relief Act, seeking rescission of the decree dated 25.05.2004 in O.S. No. 5/02 on the ground that the plaintiff had failed to pay or deposit the balance sale consideration within time. The trial court dismissed the said IA, on which the present O.P.(C) No. 4457/12 has been filed.