Specific Relief Act, 1963
Section - 28 - Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed
Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed
28. (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ordered him to pay, the vendor or lessor may apply in the same suit in which the decree is made, to have the contract rescinded and on such application the court may, by order, rescind the contract either so far as regards the party in default or altogether, as the justice of the case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.
(2) Where a contract is rescinded under sub-section (1), the court-
| (a) | - | shall direct the purchaser or the lessee, if he has obtained possession of the property under the contract, to restore such possession to the vendor or lessor; and |
| (b) | - | may direct payment to the vendor or lessor of all the rents and profits which have accrued in respect of the property from the date on which possession was so obtained by the purchaser or lessee until restoration of possession to the vendor or lessor, and if the justice of the case so r .... To read the full section download the app from Google Play store
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