besides, do not provide for the method of rescission of a contract, and Section 126 of the Transfer of Property Act does not lay down ... which the rule is based, it has the effect of preventing the rescission, by oral agreement, of a transfer which cannot be effected by oral
besides, do not provide for the method of rescission of a contract, and Section 126 of the Transfer of Property Act does not lay down ... which the rule is based, it has the effect of preventing the rescission, by oral agreement, of a transfer which cannot be effected by oral
reply and shall allow the
chamber summons filed by the applicants for rescission of consent decree as
prayed.
13 In reply, Mr Sanglikar learned counsel ... decree passed by this Court for specific performance.
Application for rescission of consent decree under Section 28 is thus, not
maintainable. Learned counsel submits that
Rule 17 CPC thereby
he sought to incorporate the relief of rescission of the sale agreement dated
11.6.97 and 28.07.97. The said application has been ... said relief in the plaint. Although plaintiff
incorporated the relief of rescission of the aforesaid agreements but inadvertently
ld. Predecessor of this court
reply and shall allow the
chamber summons filed by the applicants for rescission of consent decree as
prayed.
13 In reply, Mr Sanglikar learned counsel ... decree passed by this Court for specific performance.
Application for rescission of consent decree under Section 28 is thus, not
maintainable. Learned counsel submits that
entire decree which was passed by consent but claimed only the partial rescission in respect of that portion which related to the transfer of properties ... this case there could be any question of default or abandonment or rescission of the contract i. e. the consent decree herein. In this connection
application under Section 28 of the Specific Relief Act, 1963 for rescission of
the aforesaid agreement for sale on the ground that the petitioner ... date of the said order and in default
the order of rescission of the said agreement for sale has been directed to be
vacated
contract rescinded. Section 28 of the Act is as under
:-
28. Rescission in certain circumstances of contracts
for the sale or lease of immovable property ... very fact
that Section 28 itself gives power to grant order of
rescission of the decree would indicate that till the sale
deed is executed
revoking a gift, the provisions in the Contract Act pertaining to rescission of contracts will have to be resorted to. There cannot be the rescission ... without the intervention of the court. The relevant Article governing suits for rescission of a contract is also Article 59 , Column 1 of which reads
intention to repudiate but must sue and obtain a judicial rescission of the sale, by his guardian within the time prescribed by Article ... unilateral repudiation by him or rescission in 'pais' would not be sufficient. In 'Satgurprasad v. Harnarain
