if a party breaches his promise under a contract, the party not in breach has the right to rescind or terminate the contract. S 40 of the Contract Act provides:
when party to a contract has refused to perform , or disabled himself from performing, his promise in is entirely , the promise may put an end to the contract,unless he has signified , by word or conduct, his acquiescence in its continuance
section 65 : if the party not in default choose to rescind the contract, any benefit which he has received from the defaulted party must restored or returned.