In Brief
A vendee sought to execute a decree for specific performance obtained in 2012 for the sale of agricultural land. Although the original decree stipulated a two-month period for the buyer to deposit the balance sale consideration, the buyer deposited it a month after the appellate court confirmed the decree in January 2015. The High Court rejected execution, holding the decree non-executable due to delay. The Supreme Court allowed the appeal, holding that under the doctrine of merger, once the appellate court confirms a trial court's decree, the appellate decree becomes the operative decree. Since the buyer deposited the balance shortly after appellate confirmation and acted in good faith, the decree was enforceable. The court emphasized that a specific performance decree is preliminary in nature and the court retains jurisdiction to extend compliance timelines under the Specific Relief Act.
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