LAW FOR ALL

Sec.28 Specific relief Act - Specific performance suit decreed against all interested persons - Decree become final - E.P. filed for execution by depositing balance amount after long time - Petition filed under sec. 28 for rescission of agreement as E.P. is barred by limitation - High court on it's original side dismissed the petition -D.B. confirmed the same- Apex court set the aside the orders of high court and DB and held that due to efflux of time from the date of decree to date of E.P. - the circle rate under Delhi Stamp Act by notification increased four times than the balance amount deposited - with out clearing the same and with out obtaining the permission, no sale deed executable - in such circumstance basing of Equities - the apex court held that where the purchaser should be directed to pay the land value to the vendors as per the circle rate notified for the residential property in Category ‘A’ colonies prevailing during November 16, 2011 to January 5, 2012, at the rate of Rs.2,15,000/- per square meter. The purchaser shall also be liable to meet the liability arising by way of unearned increase to be paid to the Land and Development Office. He is free to withdraw the amounts deposited by him in the court as per order dated 06.01.2010. It is also ordered that in case the plaintiff does not deposit the amount to be paid to the vendors within three months from today, the vendors shall deposit in court within two months thereafter the amount calculated as per the circle rate referred to above by way of compensation to be paid to the purchaser, and in which event, they shall stand discharged of their obligations under the contract and the decree. In the event of the purchaser depositing the amount as above, the execution proceedings shall be finalized within another one month. The Court in seisin of the Suit OS No. 1428 of 1981 shall dispose of the same within three months from today.= RAJINDER KUMAR … APPELLANT (S) VERSUS SHRI KULDEEP SINGH & OTHERS … RESPONDENT (S) = 2014 ( Feb. part ) judis.nic.in/supremecourt/filename=41209