https://www.taxtmi.com/caselaws?id=287787 Specific performance requires a binding contract with clear, certain terms and consensus ad idem. If the document leaves uncertainty about the subject matter, the parties' obligations, or the promisor's alternative rights, a court cannot create a contract for them. The plaintiff bears the burden of proving the existence and terms of the agreement. On the stated facts, material ambiguities remained about the property to be sold, the effect of non-joining by a co-sharer, and the price or share to be conveyed, and the surrounding correspondence did not cure that uncertainty. No valid and enforceable contract existed for specific performance. en-us Fri, 06 Apr 1990 00:00:00 +0530 Sat, 02 May 2020 15:29:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=287787 Specific performance requires a binding contract with clear, certain terms and consensus ad idem. If the document leaves uncertainty about the subject matter, the parties' obligations, or the promisor's alternative rights, a court cannot create a contract for them. The plaintiff bears the burden of proving the existence and terms of the agreement. On the stated facts, material ambiguities remained about the property to be sold, the effect of non-joining by a co-sharer, and the price or share to be conveyed, and the surrounding correspondence did not cure that uncertainty. No valid and enforceable contract existed for specific performance. Case-Laws Indian Laws Fri, 06 Apr 1990 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=287787