Duliram Maurya v. Nandram: Prolonged and unexplained delay in depositing balance consideration under a specific performance decree disentitles the purchaser to time extension.

29. Duliram Maurya v. Nandram

2026 Live Law (AB) 5557

August 6, 2026

Specific performance – Failure to deposit balance consideration within time stipulated in decree – Extension of time under section 28 – prolonged and unexplained delay – Discretion to extend time must be exercised on equitable principles – Wilful negligence of decree-holder disentitles extension. [Specific Relief Act, 1963, S.28]

FACTS

The petitioner and respondent entered into an agreement to sell dated 3 July 1991 for a consideration of `25,000/-. The respondent paid `13,000/- as advance and the balance `12,000/- was to be paid at the time of execution of the sale deed.

The respondent instituted a suit for specific performance, which was dismissed by the Trial Court. In appeal, the suit was decreed. The petitioner was directed to execute the sale deed within two months, and the respondent was directed to deposit the balance consideration within one month.

The petitioner preferred a second appeal. No interim order was passed therein. The respondent did not deposit the balance consideration within the stipulated period. Executio