In Brief
In this civil appeal, the Supreme Court examined whether a decree for specific performance becomes inexecutable when the decree holder fails to deposit the balance sale consideration within the time stipulated in the trial court's decree. The appellant sought specific performance of a land sale agreement executed in 2003 and obtained a decree in 2012. After the appellate court affirmed the decree in 2015, the appellant deposited the balance amount one month later. The High Court set aside the execution on the ground that failure to deposit within the trial court's deadline violated Section 28 of the Specific Relief Act. The Supreme Court held that the doctrine of merger applies when the appellate court confirms a trial court decree, and the appellant's right to execute cannot be defeated by delay in depositing money if done shortly after the appellate judgment. The Court restored the execution order, emphasizing that the court retains discretion to extend compliance time based on equitable considerations and the decree holder's good faith conduct.
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