Sangita Sinha vs Bhawana Bhardwaj

The Supreme Court examined whether a suit for specific performance of an Agreement to Sell should be decreed when the buyer had accepted a refund of the majority of the earnest money during the pendency of the suit. The court considered the conduct of the buyer in accepting the refund and the implications for the enforceability of the agreement. It held that acceptance of the refund could indicate a waiver of the right to specific performance, but the overall facts and conduct must be considered. The judgment clarified the principles regarding the effect of partial refunds on the claim for specific performance.