In Brief
This case involves a dispute over specific performance of an Agreement of Sale for residential property dated 27 May 2016. The original contracting party (the property owner) died shortly after execution, and his widow and minor son (the defendants) refused to complete the sale. The Trial Court granted specific performance, but the High Court reversed it, holding that forcing the defendants to sell would render them shelterless. The Supreme Court restored the Trial Court's decree, holding that hardship justifying refusal of specific performance under the Specific Relief Act must be hardship unforeseen at the time of contracting. Since the defendants were residing separately in their parental home, not with the property owner, they were not dependent on the suit property at the time of the agreement. The Court modified the Trial Court's decree by enhancing the sale consideration to Rs. 20 lakh to balance equities.
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