Conditional decree

Miss the Deadline, Lose the Decree? SC clarifies effect of non-compliance and applicability of Section 28 of the Specific Relief Act

Summary: In its recent judgement dated May 6, 2026 in Habban Shah v. Sheruddin, the Hon’ble Supreme Court clarified that decrees for specific performance of an agreement to sell immovable property are conditional and self-operative. The plaintiff’s failure to comply with timelines for deposit of balance sale consideration, without seeking extension, can render the decree inexecutable automatically. This consequence may follow even without a formal application under Section 28 of the Specific Relief Act, 1963, by the defendant. The rationale being, the relief of specific performance is equitable and the party that seeks equity, cannot act inequitably by not adhering to the terms of the decree.

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