https://www.taxtmi.com/caselaws?id=287343 An assignee can enforce specific performance only where the underlying contract is legally assignable and the other party has consented, expressly or impliedly, to the transfer of rights and burdens. On the facts, the 1987 arrangements did not create a valid assignment of the original vendees' rights under the 1986 agreement, and the owners had not accepted performance by the alleged assignees. The later agreements were also contingent on the original vendees acquiring and maintaining enforceable rights, which failed after their default and withdrawal of suit. Specific performance against the owners was therefore unavailable, but refund of earnest money with interest and damages against the original vendees remained available. en-us Mon, 25 Nov 2019 00:00:00 +0530 Fri, 10 Apr 2020 10:51:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=287343 An assignee can enforce specific performance only where the underlying contract is legally assignable and the other party has consented, expressly or impliedly, to the transfer of rights and burdens. On the facts, the 1987 arrangements did not create a valid assignment of the original vendees' rights under the 1986 agreement, and the owners had not accepted performance by the alleged assignees. The later agreements were also contingent on the original vendees acquiring and maintaining enforceable rights, which failed after their default and withdrawal of suit. Specific performance against the owners was therefore unavailable, but refund of earnest money with interest and damages against the original vendees remained available. Case-Laws Indian Laws Mon, 25 Nov 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=287343