law: Specific Relief Act, 1963
  20. Discretion as to decreeing specific performance
  (1) The jurisdiction to decree specific performance is
  
  discretionary, and the court is not bound to grant such relief merely because
  
  it is lawful to do so; but the discretion of the court is not arbitrary but
  
  sound and reasonable, guided by judicial principles and capable of correction
  
  by a court of appeal.
  (2) The following are cases in which the court may properly
  
  exercise discretion not to decree specific performance:
  (a) where the terms of the contract or the
  
  conduct of the parties at the time of entering into the contract or the other
  
  circumstances under which the contract was entered into are such that the
  
  contract, though not voidable, gives the plaintiff an unfair advantage over the
  
  defendant; or  
  (b) where the performance of the contract
  
  would involve some hardship on the defendant which he did not foresee, whereas
  
  its non-performance would involve no such hardship on the plaintiff; or
  (c) where the defendant entered into the contract
  
  under circumstances which though not rendering the contract voidable, makes it
  
  inequitable to enforce specific performance.
  Explanation 1: Mere inadequacy of
  
  consideration, or the mere fact that the contract is onerous to the defendant
  
  or improvident in its nature, shall not be deemed to constitute an unfair
  
  advantage within the meaning of clause (a) or hardship within the meaning of
  
  clause (b).
  Explanation 2: The question whether
  
  the performance of a contract would involve hardship on the defendant within
  
  the meaning of clause (b) shall, except in cases where the hardship has
  
  resulted from any act of the plaintiff subsequent to the contract, be
  
  determined with reference to the circumstances existing at the time of the
  
  contract.
  (3) The court may properly exercise discretion to decree
  
  specific performance in any case where the plaintiff has done substantial acts
  
  or suffered losses in consequence of a contract capable of specific
  
  performance.
  (4) The court shall not refuse to any party specific performance
  
  of a contract merely on the ground that the contract is not enforceable at the
  
  instance of the party.