Section 28:
Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed.
(1) Where in any suit a decree for specific
performance of a contract for the sale or lease of immovable property has been made and the purchaser or
lessee does not, within the period allowed by the decree or such further period as the court may allow, pay
the purchase money or other sum which the court has ordered him to pay, the vendor or lessor may apply
in the same suit in which the decree is made, to have the contract rescinded and on such application the
court may, by order, rescind the contract either so far as regards the party in default or altogether, as the
justice of the case may require.
(2) Where a contract is rescinded under sub-section (1), the court--
(a) shall direct the purchaser or the lessee, if he has obtained possession of the property under the
contract, to restore such possession to the vendor or lessor; and
(b) may direct payment to the vendor or lessor of all the rents and profits which have accrued in
respect of the property from the date on which possession was so obtained by the purchaser or lessee
until restoration of possession to the vendor or lessor, and, if the justice of the case so requires, the refund of any sum paid by the vendee or the lessee as earnest money or deposit in connection with the
contract.
(3) If the purchase or lessee pays the purchase money or other sum which he is ordered to pay under
the decree within the period referred to in sub-section (1), the court may, on application made in the same
suit, award the purchaser or lessee such further relief as he may be entitled to, including in appropriate
cases all or any of the following reliefs, namely:--
(a) the execution of a proper conveyance or lease by the vendor or lessor;
(b) the delivery of possession, or partition and separate possession, of the property on the
execution of such conveyance or lease.
(4) No separate suit in respect of any relief which may be claimed under this section shall lie at the
instance of a vendor, purchaser, lessor or lessee, as the case may be.
(5) The costs of any proceedings under this section shall be in the discretion of the court.