LAW FOR ALL

Sec.28 of Specific Relief Act - Or.21, rule 2 and 2 A of CPC - not maintainable in E.P. proceeding - Specific performance suit was decreed - E.P. filed by depositing balance sale considered as the Jdr failed to execute a Reg. Sale deed - E.A. under Sec.28 of Specific Relief Act claiming settlement out of court and sale amount was refunded and DHr passed receipt and cancellation deed for suit Agreement of sale , to close the E.P. - Trial court allowed the claim - Their Lordships of High court held that sec.28 of specific relief act is to be filed before the court in original side jurisdiction which passed the decree but not in executing court - it should be filed when the Dhr failed to comply the decree but not for out of court settlement and as such the E.A. is not maintainable - Or.21, rule 2 applies only when the Dhr certify the receipt satisfaction of the decree with 30 days - on that count also not maintainable - and as such set aside the Lower court order and allowed the revision =2013 (March Part) judis.nic.in/judis_chennai/filename=41229