Law: Specific Relief Act, 1877

Section: 35(c)

Tagline

Appeal against a conditional decree does not suspend the condition of depositing balance sale consideration; failure to comply results in automatic rescission of contract.

 Summary

This judgment, authored by Anwaar Hussain, J., decides two connected civil revisions arising from suits for specific performance filed by the petitioner regarding two separate agreements to sell (03 marla and 07 marla). Both suits were decreed conditionally, directing the petitioner–purchaser to deposit balance sale consideration within 30 days, failing which the agreements would be deemed rescinded.

The petitioner filed appeals but did not deposit the balance consideration nor obtained any stay order suspending the conditional decree. The appellate court dismissed the appeals for non-compliance.