specific performance OF agreement to sell
– Cannot be denied to the plaintiff for the reason that necessary formalities with regard to the Housing Society are yet to be completed
– Increase in price of property – agreement about 19 years earlier, the prices of the properties have increased manifolds – No reason to deny the relief of specific performance and grant of relief of refund of earnest money along with interest.
– With regard to agreement for sale of immovable property – Its specific performance should normally be granted.
– Exceptional hardship – Defendant having himself entered into agreement to sell, receiving the earnest money, he being an educated person, who was an is expected to know the implications of entering into an agreement
– No question of any exceptional hardship