Sangita Sinha v. Bhawana Bhardwaj and ORS.

Headnote

Issue arose whether a suit for specific performance of an agreement to sell is liable to be decreed if the buyer had accepted the refund of the majority of the earnest money deposit/advance consideration, during the pendency of the suit. Specific - Acceptance by buyer of refund of consideration amount - Effect on relief of specific performance - Unregistered agreement to sell executed between the buyer-respondent no. 1 and the seller - Buyer paid certain sum in cash and issued three post-dated cheques