Specific Relief Act, 1963–Sec. 28–Decree of specific performance was hold inexecutable–Justification–While passing the decree, appellant was directed to pay balance consideration within one month–Decree holder filed the application praying for execution of the sale deed on payment of the due amount with stating that the judgment-debtor neither accepted the amount nor executed the registered sale deed–No order was passed on the application, therefore, compliance with the direction was not possible–Appeal against the decree was dismissed for want of prosecution–Matter took several dates and the amount was deposited in the Court–Ultimately, it was concluded that the decree is inexecutable for the reason that the amount was not deposited in the stipulated period–Neither the Execution Court nor the High Court took into consideration that though the decree fixed a time frame for deposit of the balance consideration, it did not provide for the consequences of failing to adhere the time schedule–There could be no automatic rescission of the decree–Further, it was open for the Execution Court to balance the equities by putting the decree-holder to such terms as may adequately compensate the judgment-debtor for the delay–Execution application is restored.
