application filed under
Section 28 of the Specific Relief Act seeking rescission of the contract was
dismissed. The petitioners are also aggrieved of the order ... amount. At the same time the judgment debtor filed an
application for rescission of the contract. The Executing Court passed an
order dated
Suing for specific performance of the contract can alternatively sue for the rescission of the contract but the converse is not provided. It is, therefore ... open to a plaintiff to sue for rescission of the agreement and in the alternative sue for specific performance. S. 35 of the Specific Relief
made thereunder if the Chairman of the Board considers that amendment alteration rescission or adoption of a new bye-law is necessary or desirable ... Committee by registered post require the Committee to make such amendment alteration rescissions or adopt a new bye-law within such time
hereinafter referred to as
"the 1963 Act") for rescission of the contract on account of non-payment of
the remaining sale consideration ... Consequently, on 16.08.2019, the Executing Court has dismissed the
application for rescission of the contract. These four revision petitions have
been filed for setting aside
provisions provide the decree to be
unexecutable. Even if the application for rescission of the contract or
decree had not been moved, the decree ... maintainable, for, the petitioner-judgment debtor did
not move any application for rescission of the contract.
I have heard the learned counsel for the parties
appellant projects as foremost point
that when his suit for rescission of the contract was pending, the
plaintiff's suit could not have been ... contract is always a two way process. A rescission in
order that it takes effect must be founded on any of the circumstances
which
raising of hands'
becoming adopted. As such, the said change or rescission, is stated, by him
31 of 49
::: Downloaded ... Section (1) of Section
398 , wherebys the spoken therein alterations or rescissions by the
Corporation in the exercise of its powers under
petition moved under Section 28 of the Specific Relief Act for rescission of
the Contract, whereas the respondent / decree-holder i.e. petitioner ... moved an application under Section 28 of
the Specific Relief Act for rescission of the Contract on the ground that. as
the respondent / decree-holder
Code of Civil Procedure,
which reads thus:-
"28. Rescission in certain circumstances of contracts for the
sale or lease of immovable property, the specific ... specific clause in Section 28(1) of the 1963 Act
of rescission of the contract on account of failure of the decree holder not
depositing
Code of Civil
Procedure, which reads thus:-
"28. Rescission in certain circumstances of contracts for
the sale or lease of immovable property, the specific ... specific clause in Section 28(1) of
the 1963 Act of rescission of the contract on account of failure
of the decree holder not depositing
