PART II SPECIFIC RELIEF · CHAPTER II SPECIFIC PERFORMANCE OF CONTRACTS · CONTRACTS WHICH CAN BE SPECIFICALLY ENFORCED

Section 11: Cases in whichspecific performance of contracts connected with trusts enforceable

The Specific Relief Act, 1963

(1) Except as otherwise provided in this Act, specific performance of a ¹[contract shall], be enforced when the act agreed to be done is in the performance wholly or partly of a trust.

(2) A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced.

Footnotes in the official text

1.Subs. by Act 18 of 2018, s. 4, for “contract may, in the discretion of the court” (w.e.f. 1-10-2018).

Questions on this section

2 questions in 11 of our papers cite Section 11. Try these from the free papers:

1. Under Section 11(2) of the Specific Relief Act, 1963, a contract made by a trustee in excess of his powers or in breach of trust:

Practise questions on Specific Relief Act