Non-payment of balance consideration with stipulated time does not amount to abandonment of Contract - Order of Rescission of Contract not maintenable - Appellate court can consider all the grounds.

Citation 

2022 (3) CTC 78 (Mad)

IN THE HIGH COURT OF MADRAS

N. Anand Venkatesh, J.

5.A. No.683 of 2013

March 04, 2022

Krishnamoorthy

Appellant

Vs.

K. Shanmugasundaram. 2. Pappayammal (died) [RR2 died, as per Memo : RR1 & Applicant are LRs of the R2 viz., Pappayammal vide Court Order, dt.01.03.2022 made in SA.683/2013: Memo recorded (NAV)]

...Respondent

Contract Act, 1872 (9 of 1872), Section 28-Suit for Specific Performance of Sale Agreement Failure to deposit balance Sale consideration within time stipulated by Trial Court Rescission of Contract by Appellate Court under Section 28-Whether maintainable Held, not maintainable Non-payment of balance consideration with stipulated time does not amount to abandonment of Contract and consequential rescinding-Conduct of Plaintiff amounting to positive refusal of willful negligence is relevant factor- O Courts below having found Plaintiff ready and willing, invocation of Section 28 set aside Plaintiff directed to deposit balance Sale consideration and Defendant directed to execute registered Sale Deed on receiving same-Second Appeal allowed.