Section 29 of SRA : Section 29: Alternative Prayer For Rescission In Suit For Specific Performance

SRA

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Explanation using Example

Imagine Sarah signs a written contract to buy a vintage car from John. She pays the deposit, but later John refuses to sell the car to her. Sarah files a lawsuit seeking specific performance, asking the court to enforce the contract and compel John to sell the car to her. In her suit, she also includes an alternative plea for rescission, meaning if the court finds that specific performance isn't appropriate, she requests the contract to be cancelled and her deposit returned. The court decides that specific performance isn't possible because the car was already sold to someone else. Using Section 29 of The Specific Relief Act, 1963, the court orders the contract to be rescinded and directs John to return Sarah's deposit.

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