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Supreme Court of India 2023-02-24 allowed

P. Shyamala vs Gundlur Masthan

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

A property owner agreed in writing to sell agricultural land for Rs. 23 lakh in 2012, receiving Rs. 8 lakh advance. After obtaining a judgment for specific performance, the buyer failed to pay the remaining Rs. 15 lakh within two weeks as ordered. Over 2.3 years later, the buyer sought an extension of time, citing illness. The Supreme Court held that while the discretion to extend exists under the Specific Relief Act, the buyer's unexplained 853-day delay and inaction warranted rescission of the contract. However, the owner was ordered to refund the advance with 12% interest, balancing both parties' equities and preventing manifest injustice.

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Contract Law Specific Performance Remedies Civil Procedure

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