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Supreme Court of India 2022-05-09 allowed

Kishor Ghanshyamsa Paralikar (dead) vs Balaji Mandir Sansthan Mangrul (Nath) and Anr

Bench: 2 — S. Abdul Nazeer

In Brief

The appellant purchased agricultural land under a compromise decree in a specific performance suit. He paid most of the purchase price but deposited the remaining amount five days late after court permission. The seller later sought to cancel the sale deed three years on. The Trial Court dismissed this application, but the High Court reversed it and cancelled the sale deed. The Supreme Court held that a trial court has discretion to extend time for payment in a specific performance decree to prevent injustice. Since the appellant had deposited the balance amount promptly after seeking permission and the sale deed was already executed, the High Court's order cancelling the deed was unjustified. The appeal was allowed and the High Court's judgment was set aside."/> </invoke>

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Specific Performance Contract Law Immovable Property Sale Deed Relief and Remedies Extension of Time Rescission

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