Payment time of sale consideration can be extended even in a consent decree of specific performance.

The Supreme Court in Kishor Ghanshyamsa Paralikar (D) Balaji Mandir Sansthan Mangrul (Nath) observed that the time for payment of sale consideration can be extended even in a consent decree of specific performance. It further said that Section 28 of the Specific Relief Act, 1963 along with providing for judgment debtors to seek rescission of contract also permits extension of time by the court to pay the amount.

The provision reads thus:

“28. Rescission in certain circumstances of contracts for the sale or lease of immovable property,

the specific performance of which has been decreed.—

(1) Where in any suit a decree for specific performance of a contract for the sale or lease of

immovable property has been made and the purchaser or lessee does not, within the period allowed by the decree or such further period as the court may allow, pay the purchase money or other sum which the court has ordered him to pay, the vendor or lessor may apply in the same suit in which the decree is made, to have the contract rescinded and on such application the court may, by order, rescind the contract either so far as regards the party in default or altogether, as the justice of the case may require.”

The Court observed that “This section seeks to provide complete relief to both the parties in terms of a decree of specific performance in the said suit without having resort to a separate proceeding. Therefore, a suit for specific performance does not come to an end on the passing of a decree and the court which has passed the decree for specific performance retains control over the decree even after the decree has been passed. Section 28 not only permits the judgment debtors to seek rescission of the contract but also permits an extension of time by the court to pay the amount. The power under this section is discretionary and the court has to pass an order as the justice of the case may require.”