https://www.taxtmi.com/caselaws?id=199920 The SC dismissed the appeal and upheld the HC decree directing specific performance. The court found the plaintiff had been ready and willing and the suit was within time; discretionary relief was properly exercised. Acceptance of part payments by the defendant and redemption of mortgage precluded resisting performance due to price escalation. A liquidated damages clause did not bar specific performance; mere inadequacy or onerousness of consideration was insufficient to deny relief. The SC affirmed the order that required additional payment (Rs. 40 lakhs) by the defendants alongside amounts already paid. en-us Wed, 28 Jul 2004 00:00:00 +0530 Fri, 19 Sep 2025 10:33:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199920 The SC dismissed the appeal and upheld the HC decree directing specific performance. The court found the plaintiff had been ready and willing and the suit was within time; discretionary relief was properly exercised. Acceptance of part payments by the defendant and redemption of mortgage precluded resisting performance due to price escalation. A liquidated damages clause did not bar specific performance; mere inadequacy or onerousness of consideration was insufficient to deny relief. The SC affirmed the order that required additional payment (Rs. 40 lakhs) by the defendants alongside amounts already paid. Case-Laws Indian Laws Wed, 28 Jul 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199920