|Supreme Court of India
Section 28 Specific Relief Act | No Automatic Rescission for Delayed Deposit; Court Must Apply Equitable Discretion : SC
The Supreme Court ruled that mere delay in depositing balance sale consideration under a specific performance decree does not automatically rescind the contract. Courts must exercise discretion under Section 28, weighing factors like conduct, equity, and compensatory remedies before ordering rescission, ensuring fairness in property disputes.