https://www.taxtmi.com/caselaws?id=287810 Specific performance remains a discretionary equitable remedy under the Specific Relief Act, 1963, and may be refused where enforcement would be inequitable or the surrounding facts do not justify it. The court noted that possession had not been delivered, the exact area agreed to be sold was not finally settled, and the measurements relied on by the High Court were not conclusive. On those facts, the plaintiff was not entitled to insist on enforcement of the sale contract, and refund of the earnest money with interest was the appropriate equitable relief. en-us Wed, 23 Sep 2015 00:00:00 +0530 Mon, 04 May 2020 12:41:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=287810 Specific performance remains a discretionary equitable remedy under the Specific Relief Act, 1963, and may be refused where enforcement would be inequitable or the surrounding facts do not justify it. The court noted that possession had not been delivered, the exact area agreed to be sold was not finally settled, and the measurements relied on by the High Court were not conclusive. On those facts, the plaintiff was not entitled to insist on enforcement of the sale contract, and refund of the earnest money with interest was the appropriate equitable relief. Case-Laws Indian Laws Wed, 23 Sep 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=287810