THE SPECIFIC RELIEF ACT, NO. 1 OF 1877

PART I PRELIMINARY PART II OF SPECIFIC RELIEF CHAPTER I OF RECOVERING POSSESSION OF PROPERTY CHAPTER II OF THE SPECIFIC PERFORMANCE OF CONTRACTS (a) Contracts which may be specifically enforce (Cases in which specific performance enforceable) 　12. Except as otherwise provided in this Chapter, the specific performance of any contract may in the discretion of the Court be enforced- (a) when the act agreed to be done is in the performance, wholly or partly, of a trust; (b) when there exists no standard for ascertaining the actual damage caused by non-performance of the act agreed to be done; (c) when the act agreed to be done is such that pecuniary compensation for its non-performance would not afford adequate relief; or (d) when it is probable that pecuniary compensation cannot be got for the non-performance of the act agreed to be done. Explanation - Unless and until the contrary is proved, the Court shall presume that the breach of a contract to transfer immoveable property cannot be adequately relieved by compensation in money, and that the breach of a contract to transfer moveable property can be thus relieved. (Contract of which the subject has partially ceased to exist) 　13. Notwithstanding anything contained in section 56 of the Contract Act, a contract is not wholly impossible of performance because a portion of its subject-matter, existing at its date, has ceased to exist at the time of the performance. (Specific performance of part of contract where part unperformed is small) 　14. Where a party to a contract is unable to perform the whole of his part of it, but the part which must be left unperformed bears only a small proportion to the whole in value, and admits of compensation in money, the Court may, at the suit of either party, direct the specific performance of so much of the contract as can be performed, and award compensation in money for the deficiency. (Specific performance of part of contract where part unperformed is large) 　15. Where a party to a contract is unable to perform the whole of his part of it, and the part which must be left unperformed forms a considerable portion of the whole, or does not admit compensation in money, he is not entitled to obtain a decree for specific performance. But the Court may, at the suit of the other party, direct the party in default to perform specifically so much of his part of the contract as he can perform, provided that the plaintiff relinquishes all claim to further performance, and all right to compensation either for the deficiency, or for the loss or damage sustained by him through the default of the defendant. (Specific performance of independent part of contract) 　16. When a part of a contract which, taken by itself, can and ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specifically performed, the Court may direct specific performance of the former part. (Bar in other cases of specific performance of part of contract) 　17. The Court shall not direct the specific performance of a part of a contract except in cases coming under one or other of the three last preceding sections. (Purchaser's rights against vendor with imperfect title) 　18. Where a person contracts to sell or let certain property, having only an imperfect title thereto, the purchaser or lessee (except as otherwise provide by this Chapter) has the following rights:- (a) if the vendor or lessor has subsequently to the sale or lease acquired any interest in the property, the purchaser or lessee may compel him to make good the contract out of such interest; (b) where the concurrence of other persons is necessary to validate the title, and they are bound to convey at the vendor's or lessor's request, the purchaser or lessee may compel him to procure such concurrence; (c) where the vendor professes to sell unincumbered property, but the property is mortgaged for an amount not exceeding the purchase-money, and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtain a conveyance from the mortgagee ; (d) where the vendor or lessor sues for specific performance of the contract, and the suit is dismissed on the ground of his imperfect title, the defendant has a right to a return of his deposit (if any) with interest thereon, to his costs of the suit, and to a lien for such deposit, interest and costs on the interest of the vendor or lessor in the property agreed to be sold or let. (Power to award compensation in certain cases) 　19. Any person suing for the specific performance of a contract may also ask for compensation for its breach, either in addition to, or in substitution for, such performance. If in any such suit the Court decides that specific performance ought not to be granted, but that there is a contract between the parties which has been broken by the defendant and that plaintiff is entitled to compensation for that breach, it shall award him compensation accordingly. If in any such suit the Court decides that specific performance ought to be granted, but that it is not sufficient to satisfy the justice of the case, and that some compensation for breach of the contract should also be made to the plaintiff, it shall award him such compensation accordingly. Compensation awarded under this section may be assessed in such manner as the Court may direct. Explanation - The circumstance that the contract has become incapable of specific performance does not preclude the Court from exercising the jurisdiction conferred by this section. (Liquidation of damages not a bar to specific performance) 　20. A contract, otherwise proper to be specifically enforced, may be thus enforced, though a sum be named in it as the amount to be paid in case of its breach, and the party in default is willing to pay the same. (b) Contracts which cannot be specifically enforced (Contracts not specifically enforceable) 　21. The following contracts cannot be specifically enforced:- (a) a contract for the non-performance of which compensation in money is an adequate relief; (b) a contract which runs into such minute or numerous details, or which is so dependent on the personal qualifications or volition of the parties, or otherwise from its nature is such, that the Court cannot enforce specific performance of its material terms; (c) a contract the terms of which the Court cannot find with reasonable certainty; (d) a contract which is in its nature revocable; (e) a contract made by trustees either in excess of their powers or in breach of their trust; (f) a contract made by or on behalf of a corporation or public company created for special purposes, or by the promoters of such company, which is in excess of its powers; (g) a contract the performance of which involves the performance of a continuous duty extending over a longer period than three years from its date; (h) a contract of which a material part of the subject- matter, supposed by both parties to exist, has, before it has been made, ceased to exist. And save as provided by the Code of Civil Procedure, no contract to refer present or future differences to arbitration shall be specifically enforced; but if any person who has made such a contract other than an arbitration agreement to which the provisions of the said Act apply and has refused to perform it sues in respect of any subject which he has contracted to refer, the existence of such contract shall bar the suit. (C) Of the discretion of the Court (Discretion as to decreeing specific performance) 　22. 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. The following are cases in which the Court may properly exercise a discretion not to decree specific performance:- I. Where the circumstances under which the contract is made are such as to give the plaintiff an unfair advantage over the defendant, though there may be no fraud or misrepresen-tation on the plaintiff's part. II. 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. III. Where the plaintiff has done substantial acts or suffered losses in consequence of a contract capable of specific performance. (d) For whom Contracts may be specifically enforced (Who may obtain specific performance) 　23. Except as otherwise provided by this Chapter, the specific performance of a contract may be obtained by- (a) any party thereto; (b) the representative in interest, or the principal, of any party thereto: provided that, where the learning, skill, solvency or any personal quality of such party is a material ingredient in the contract, or where the contract provides that his interest shall not be assigned, his representative in interest or his principal shall not be entitled to specific performance of the contract, unless where his part thereof has already been performed; (c) where the contract is a settlement on marriage, or a compromise of doubtful rights between members of the same family, any person beneficially entitled thereunder; (d) where the contract has been entered into by a tenant for life in due exercise of a power, the remainderman; (e) a reversioner in possession, where the agreement is a covenant entered into with his predecessor in title and the reversioner is entitled to the benefit of such covenant; (f) a reversioner in remainder, where the agreement is such a covenant, and the reversioner is entitled to the benefit thereof and will sustain material injury by reason of its breach; (g) when a public company has entered into a contract and subsequently becomes amalgamated with another public company, the new company which arises out of the amalgamation; (h) when the promoters of a public company have, before its incorporation, entered into a contract for the purposes of the company, and such contract is warranted by the terms of the incorporation, the company. (e) For whom Contracts cannot be specifically enforced (Personal bars to the relief) 　24. Specific performance of a contract cannot be enforced in favour of a person- (a) who could not recover compensation for its breach; (b) who has become incapable of performing, or violates, any essential term of the contract that on his part remains to be performed; (c) who has already chosen his remedy and obtained satisfaction for the alleged breach of contract; or (d) who, previously to the contract, had notice that a settlement of the subject-matter thereof (though not founded on any valuable consideration) had been made and was then in force. (Contracts to sell property by one who has no title, or who is a voluntary settler) 　25. A contracts for the sale or letting of property, whether moveable or immoveable, cannot be specifically enforced in favour of a vendor or lessor- (a) who, knowing himself not to have any title to the property, has contracted to sell or let the same; (b) who, though he entered into the contract believing that he had a good title to the property, cannot, at the time fixed by the parties or by the Court for the completion of the sale or letting, give the purchaser or lessee a title free from reasonable doubt; (c) who, previous to entering into the contract, has made a settlement (though not founded on any valuable consideration) of the subject-matter of the contract. (f) For whom Contracts can not be specifically enforced, except with a Variation (Non-enforcement except with variation) 　26. Where a plaintiff seeks specific performance of a contract in writing, to which the defendant sets up a variation, the plaintiff cannot obtain the performance sought, except with the variation so set up, in the following cases (namely):- (a) where by fraud or mistake of fact the contract of which performance is sought is in terms different from that which the defendant supposed it to be when he entered into it; (b) where by fraud, mistake of fact, or surprise the defendant entered into the contract under a reasonable misapprehension as to its effect as between himself and the plaintiff; (c) where the defendant, knowing the terms of the contract and understanding its effect, has entered into it relying upon some misrepresentation by the plaintiff, or upon some stipulation on the plaintiff's part, which adds to the contract, but which he refuses to fulfil; (d) where the object of the parties was to produce a certain legal result, which the contract as framed is not calculated to produce; (e) where the parties have, subsequently to the execution of the contract, contracted to vary it. (g) Against whom contracts may be specifically enforced (Relief against parties and persons claiming under them by subsequent title) 　27. Except as otherwise provided by this Chapter, specific performance of a contract may be enforced against- (a) either party thereto; (b) any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract; (c) any person claiming under a title which, though prior to the contract and known to the plaintiff, might have been displaced by the defendant; (d) when a public company has entered into a contract and subsequently becomes amalgamated with another public company, the new company which arises out of the amalgamation; (e) when the promoters of a public company have, before its incorporation, entered into a contract, the company: provided that the company has ratified and adopted the contract and the contract is warranted by the terms of the incorporation. (h) Against whom Contracts cannot be specifically enforced (What parties cannot be compelled to perform) 　28. Specific performance of a contract cannot be enforced against a party thereto in any of the following cases:- (a) if the consideration to be received by him is so grossly inadequate, with reference to the state of things existing at the date of the contract, as to be either by itself or coupled with other circumstances evidence of fraud or of undue advantage taken by the plaintiff; (b) if his assent was obtained by the misrepresentation (whether wilful or innocent), concealment, circumvention or unfair practices, of any party to whom performance would become due under the contract, or by a promise of such party which has not been substantially fulfilled; (c) if his assent was given under the influence of mistake of fact, misapprehension or surprise: Provided that, when the contract provides for compensation in case of mistake, compensation may be made for a mistake within the scope of such provision, and the contract may be specifically enforced in other respects if proper to be so enforced. (i) The effect of dismissing a Suit for Specific Performance (Bar of suit for breach after dismissal) 　29. The dismissal of a suit for specific performance of a contract or part thereof shall bar the plaintiff's right to sue for compensation for the breach of such contract or part, as the case may be. (j) Awards and Directions to execute Settlements (Application of preceding sections to awards and testamentary directions to execute settlements) 　30. The provisions of this Chapter as to contracts shall, mutatis mutandis, apply to awards and to directions in a will or codicil to execute a particular settlement. CHAPTER III OF THE RECTIFICATION OF INSTRUMENTS CHAPTER IV OF THE RESCISSION OF CONTRACTS CHAPTER V OF THE CANCELLATION OF INSTRUMENTS CHAPTER VI OF DECLARATORY DECREES CHAPTER VII OF THE APPOINTMENT OF RECEIVERS CHAPTER VIII OF THE ENFORCEMENT OF PUBLIC DUTIES PART III OF PREVENTIVE RELIEF CHAPTER IX OF INJUNCTIONS GENERALLY CHAPTER X OF PERPETUAL INJUNCTIONS