1997 INSC 0204
                                                   Md. Alimuddin

                                                           Vs

                                              Waizuddin and Another

                                            SLP (C) No. 3177 of 1997

                                     (K. Ramaswamy, S. Saghir Ahmed JJ)

                                                      19.02.1997

                                                        ORDER

1. The petitioner is the judgment-debtor. A decree for specific performance was granted by the trial
court way back on 15-6-1982 in Title Suit No. 46 of 1976 which was reversed by the Appellate
Court but restored by the High Court. Special leave petition was dismissed by this Court.
Consequently, the decree for specific performance has become final. It would appear that the trial
court directed the respondents to deposit the balance consideration of Rs. 500 and draft sale deed on
or before 7-6-1982. An application for extension with the challan came to be filed and the same was
ordered by the Court on 20-8-1982. The petitioner filed an application under Section 28(1) of the
Specific Relief Act to rescind the contract. The trial court dismissed the petition. On appeal it was
confirmed. In the revision also, the High Court confirmed the same. Thus, this special leave
petition.

2. It is true, as pointed out by Shri Sinha, the learned counsel for the petitioner, that the trial court
while extending the time mentioned that it is at the risk of the plaintiff but having exercised the
discretion and allowed the respondents to deposit the balance consideration of Rs. 500 it amounts to
the court having extended the time. The respondents have complied with the original direction
contained in the decree of 7-7-1982. The courts below, therefore, have rightly exercised the
discretion in extending the time for compliance. We do not find any illegality in the exercise of the
power. The SLP is accordingly dismissed.