Supreme Court of India · 2007-03-23
CHANDA (DEAD) THRO. LRS. vs RATTNI
- Citation / case number
- SC 1999/13656
- Court
- Supreme Court of India
- Petitioner
- CHANDA (DEAD) THRO. LRS.
- Respondent
- RATTNI
- Author
- ARIJIT PASAYAT
- Bench
- LOKESHWAR SINGH PANTA DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court upheld the dismissal of the revision petition under Section 115 of the Code of Civil Procedure, 1908, affirming the trial court's order that rescinded the agreement to sell under Section 28 of the Specific Relief Act, 1963. The court established that failure to deposit the balance sale consideration within the stipulated time justified the rescission of the contract. Consequently, the execution application filed by the plaintiff was dismissed, confirming the finality of the trial court's decree.