Specific Relief Act 1950 · Updated to 1 Jan 2006 · Chapter IV · Rescission of Contracts
34. When rescission may be adjudged
Feedback & supportAny person interested in a contract in writing may sue to have it rescinded, and such rescission may be adjudged by the court in any of the following cases, namely:
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where the contract is voidable or terminable by the plaintiff;
where the contract is unlawful for causes not apparent on its face, and the defendant is more to blame than the plaintiff; and
where a decree for specific performance of a contract of sale, or of a contract to take a lease, has been made, and the purchaser or lessee makes default in payment of the purchase-money or other sums which the court has ordered him to pay.
When the purchaser or lessee is in possession of the subject matter, and the court finds that his possession is wrongful, the court may also order him to pay to the vendor or lessor the rents and profit, if any, received by him as possessor.
In the same case, the court may, by order in the suit in which the decree has been made and not complied with, rescind the contract, either so far as regards the party in default, or altogether, as the justice of the case may require.