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    <title>2003 (3) TMI 762 - MADHYA PRADESH HIGH COURT</title>
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    <description>Specific performance was refused because the agreement to sell did not identify the subject matter with sufficient certainty. The contract referred generally to the house occupied by the respondent, but it contained no area measurements, no clear demarcation of the portion to be sold, and no attached map despite an assertion that one existed. The evidence showed uncertainty as to which part of the two-storeyed house was covered by the bargain. Since specific performance is available only where the parties are ad idem and the contract is clear, definite and enforceable, the decree could not be sustained and the appeal succeeded to that extent.</description>
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    <pubDate>Thu, 27 Mar 2003 00:00:00 +0530</pubDate>
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      <title>2003 (3) TMI 762 - MADHYA PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=287789</link>
      <description>Specific performance was refused because the agreement to sell did not identify the subject matter with sufficient certainty. The contract referred generally to the house occupied by the respondent, but it contained no area measurements, no clear demarcation of the portion to be sold, and no attached map despite an assertion that one existed. The evidence showed uncertainty as to which part of the two-storeyed house was covered by the bargain. Since specific performance is available only where the parties are ad idem and the contract is clear, definite and enforceable, the decree could not be sustained and the appeal succeeded to that extent.</description>
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      <pubDate>Thu, 27 Mar 2003 00:00:00 +0530</pubDate>
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