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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.
29. Alternative prayer for rescission in suit for specific performance.—A plaintiff instituting a
suit for the specific performance of a contract in writing may pray in the alternative that, if the contract
cannot be specifically enforced, it may be rescinded and delivered up to be cancelled; and the court, if it
refuses to enforce the contract specifically, may direct it to be rescinded and delivered up accordingly.
30. Court may require parties rescinding to do equity.—On adjudging the rescission of a contract,
the court may require the party to whom such relief is granted to restore, so far as may be, any benefit
which he may have received from the other party and to make any compensation to him which justice
may be require.
CHAPTER V
CANCELLATION OF INSTRUMENTS
31. When cancellation may be ordered.—(1) Any person against whom a written instrument is void
or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him
serious injury, may sue to have it adjudged void or voidable; and the court may, in its discretion, so
adjudge it and order it to be delivered up and cancelled.
(2) If the instrument has been registered under the Indian Registration Act, 1908 (16 of 1908), the
court shall also send a copy of its decree to the officer in whose office the instrument has been so
registered; and such officer shall note on the copy of the instrument contained in his books the fact of its
cancellation.
32. What instruments may be partially cancelled.—Where an instrument is evidence of different
rights or different obligations, the court may, in a proper case, cancel it in part and allow it to stand for the
residue.
33. Power to require benefit to be restored or compensation to be made when instrument is
cancelled or is successfully resisted as being void or voidable.—(1) On adjudging the cancellation of
an instrument, the court may require the party to whom such relief is granted, to restore, so far as may be
any benefit which he may have received from the other party and to make any compensation to him which
justice may require.
(2) Where a defendant successfully resists any suit on the ground—
(a) that the instrument sought to be enforced against him in the suit is voidable, the court may if
the defendant has received any benefit under the instrument from the other party, require him to
restore, so far as may be, such benefit to that party or to make compensation for it;
(b) that the agreement sought to be enforced against him in the suit is void by reason of his not
having been competent to contract under section 11 of the Indian Contract Act, 1872 (9 of 1872), the
court may, if the defendant has received any benefit under the agreement from the other party, require
him to restore, so far as may be, such benefit to that party, to the extent to which he or his estate has
benefited thereby.