Specific Performance--Conditional Decree--Non-Deposit of Balance Consideration Within Stipulated Time Renders Decree Inexecutable and Operates as Automatic Dismissal of Suit
A decree for specific performance is conditional in nature and imposes reciprocal obligations on the decree-holder. Failure to deposit the balance sale consideration within the time stipulated by the court results in automatic dismissal of the suit, rendering the decree inexecutable. It is not mandatory for the vendor to file an application for rescission under Section 28 of the Specific Relief Act, 1963, for the decree to become inexecutable upon default. Readiness and willingness of the plaintiff must be continuous, and failure to deposit the balance amount or seek extension within the stipulated period demonstrates absence of such readiness. Specific performance being equitable and discretionary relief, prolonged unexplained default cannot be condoned, particularly where land prices have risen manifold.
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