VidhiSangh

Supreme Court of India · 06/05/2026

HABBAN SHAH versus SHERUDDIN

[2026] 5 S.C.R. 404 · 2026 INSC 451

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A decree for specific performance conditioned on payment of the balance consideration within three months became inexecutable when the decree-holder neither deposited the amount nor sought extension within that time. A later court permission to deposit did not amount to deemed extension, and no application under Section 28 of the Specific Relief Act was needed for the contract to be treated as rescinded. Refund of earnest money with 8% interest was ordered.

Issues

  1. Whether a decree for specific performance directing execution of the sale deed on payment of the balance consideration within three months becomes inexecutable when the amount is not deposited within that time.
  2. Whether the second execution application was barred by limitation or not maintainable after the first was dismissed for want of prosecution.
  3. Whether a later permission by the Executing Court to deposit, and the deposit itself, operated as extension of time or condonation of delay.
  4. Whether the judgment-debtor had to apply under Section 28 of the Specific Relief Act, 1963 for rescission before the decree could be treated as inexecutable.

Provisions considered

Held

Result

Appeal allowed; High Court order of 24.03.2025 and Executing Court order of 07.09.2015 set aside; objections upheld and execution closed; decree held inexecutable and contract rescinded under Section 28; appellant to refund Rs. 80,000 with simple interest at 8% per annum from 19.10.2005, with liberty to sell part of the land to raise the sum within three months.

Judgment PDF: Supreme Court of India, [2026] 5 S.C.R. 404.