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    <title>1999 (5) TMI 622 - Supreme Court</title>
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    <description>Specific performance of an agreement to sell may be refused where prolonged non-performance, failure to secure required approvals within a reasonable time, statutory restraints affecting the property, and later changes in character and value make enforcement inequitable. The Court treated those supervening circumstances as defeating discretionary relief under the Specific Relief Act, 1963. Even so, it held that monetary restitution could still be granted in substitution, including refund of consideration with interest and additional compensation. Because the respondents retained part of the property, they were also directed to restore possession of that portion to the appellant.</description>
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    <pubDate>Mon, 24 May 1999 00:00:00 +0530</pubDate>
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      <title>1999 (5) TMI 622 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=274282</link>
      <description>Specific performance of an agreement to sell may be refused where prolonged non-performance, failure to secure required approvals within a reasonable time, statutory restraints affecting the property, and later changes in character and value make enforcement inequitable. The Court treated those supervening circumstances as defeating discretionary relief under the Specific Relief Act, 1963. Even so, it held that monetary restitution could still be granted in substitution, including refund of consideration with interest and additional compensation. Because the respondents retained part of the property, they were also directed to restore possession of that portion to the appellant.</description>
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      <pubDate>Mon, 24 May 1999 00:00:00 +0530</pubDate>
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