Balbir Singh & Anr. Etc. vs. Baldev Singh (D) th. LR’s. & Ors. etc. (SC)

Specific Relief Act, 1963–Sec. 28–Application for rescission of contract–Dismissed by the Execution Court–Appreciation–Decree of specific performance with the direction to the plaintiff to deposit the balance consideration within 20 days–Before expiry of 20 days, defendant filed the first appeal which came to be allowed–In second appeal, High Court restored the decree passed by the Trial Court–In the execution proceedings, defendant-judgment debtor filed the application for rescission of contract–Rejection of application–Once the High Court allowed the second appeal in favour of plaintiffs, there was a merger of judgment of the Trial Court with the decision of the High Court–The entitlement of the decree-holder to execute the decree of the Second Appellate Court cannot be defeated–Application was rightly rejected by the Execution C Court.