https://www.taxtmi.com/caselaws?id=174534 An agreement for sale expressly made subject to ratification by co-heirs was treated as a condition precedent, so no concluded and enforceable contract arose until that assent was obtained; specific performance could not therefore be granted on that basis. The Court also noted that even where contractual enforceability is assumed, specific performance remains a discretionary equitable remedy, and the plaintiff's conduct, the circumstances in which the agreement was obtained, and later events made enforcement inappropriate. The refusal to decree specific performance was accordingly upheld, with the surrounding correspondence and draft sale deeds confirming that completion depended on co-heirs' participation. en-us Fri, 14 Feb 2003 00:00:00 +0530 Tue, 14 Jun 2016 17:30:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=174534 An agreement for sale expressly made subject to ratification by co-heirs was treated as a condition precedent, so no concluded and enforceable contract arose until that assent was obtained; specific performance could not therefore be granted on that basis. The Court also noted that even where contractual enforceability is assumed, specific performance remains a discretionary equitable remedy, and the plaintiff's conduct, the circumstances in which the agreement was obtained, and later events made enforcement inappropriate. The refusal to decree specific performance was accordingly upheld, with the surrounding correspondence and draft sale deeds confirming that completion depended on co-heirs' participation. Case-Laws Indian Laws Fri, 14 Feb 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=174534