Law:

Section:

(a) Specific Relief Act (I of 1877)---Ss.17, 16, 15 & 14---Scope and application- of Ss.14, 15, 16 & 17---Specific performance of a contract has to be granted in its entirety---Exceptions. Section 17, Specific Relief Act, 1877 provides that as a rule specific performance of a contract should be granted in its entirety and not in parts. The essence of specific performance as laid down by this provision is that the Court will not order specific performance of a part of the agreement. However, the section itself provides three exceptions as contained in sections 14, 15 and 16. In the present case, the appellants' claim in suit for specific performance was only in respect of part of the land and not for the entire land for which seller had agreed to sell. Therefore, the burden was upon the appellants to establish that their case fell within the ambit of anyone of the aforesaid sections. Sections 14 to 17 must be read together as they lay down the rules for granting specific performance of a contract. Section 14 provides that where a party is unable to perform the whole of his part, but the unperformed part is in a small proportion to the whole in value and the party unable to perform admits of compensation in money, the specific performance of so much of the: contract which can be performed may ordered and for the remaining unperformed part compensation may be awarded. Section 15 relates to a situation where the unperformed part is larger than the part performed and for the unperformed part no compensation in money can be paid, then specific performance cannot be granted. However specific performance can be granted of such small part provided the plaintiff relinquishes his claim to further performance including a claim for compensation for the deficiency or for the loss or damage sustained by him through the default of the defendant. Under section 16 if a part of the contract which can and ought to be specifically performed, stands on a separate and independent footing from another part of the contract which cannot or ought not to be specifically performed, the Court may direct specific performance of such part of the contract which independent of the other…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492