Discretionary and non-equitable nature of specific performance after prolonged passage of time

Granting a decree for specific performance of an agreement to sell real estate is an equitable and discretionary relief, not a matter of absolute right. In light of the facts of a case, and bearing in mind the passage of more than seventeen years since the initial execution of the agreement to sell, the grant of specific performance ceases to be an equitable relief. Unreasonable delays in litigation coupled with substantial inflation in real estate valuations make the enforcement of original contractual rates unfair and oppressive to property owners. Where a buyer fails to establish full financial wherewithal at the crucial stage and a long passage of time occurs, appellate courts correctly exercise discretion to deny the primary decree for specific performance. The passage of nearly two decades alters the economic realities of the transaction, rendering specific enforcement deeply inequitable. Consequently, courts substitute the primary relief of conveyance with monetary restitution and equitable adjustments to satisfy the ends of justice. (Subhash Aggarwal v. Mahender Pal Chhabra & Anr. | 2026 INSC 11)