P&H: Allows extension of time to deposit sale consideration in specific performance suit.

punjab-haryana
⚖️ Order Date: 29 May 2026
Headnotes

Specific Relief Act, 1963, S.28, Civil Procedure Code, 1908, S.148 — Decree for specific performance — Enlargement of time to deposit balance sale consideration — Where decree was not conditional and did not provide that failure to deposit the amount within stipulated period would result in dismissal...

Specific Relief Act, 1963, S.28, Civil Procedure Code, 1908, S.148 — Decree for specific performance — Balance sale consideration not paid in time — Additional amount imposed — Petitioner was directed to deposit balance sale consideration of Rs.19,000 within two months and to pay an additional amount of Rs.50,000 to...

 


Facts of the Case

P&H: Allows extension of time to deposit sale consideration in specific performance suit.

 

High Court has set aside an order refusing to extend the time for depositing balance sale consideration in a specific performance case, holding that trial court was wrong in saying it had no power to enlarge time.

The dispute arose from a suit seeking specific performance of an agreement to sell for a house. He claimed that he had already paid substantial amounts and had remained present before the Sub-Registrar on the date fixed for execution of the sale deed, but the vendor did not turn up.

The trial court decreed the suit ex parte in 2018 and directed the purchaser...

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