Separate Application Not Required to Rescind Agreement to Sell for Buyer’s Default Under Section 28 of Specific Relief Act: Supreme Court

The Supreme Court of India has ruled that if a buyer fails to deposit the remaining sale consideration within the time fixed by the court, the decree for Specific Performance can become unenforceable and the agreement to sell may automatically stand rescinded. The Court further clarified that a separate application by the seller under Section 28 of the Specific Relief Act, 1963 is not mandatory for cancellation of the contract…