Section 12 Specific Relief Act: Specific performance of part of contract

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

Section 12: Specific performance of part of contract

(1) Except as otherwise hereinafter provided in this section, the court shall not direct the specific performance of a part of a contract.

(2) 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 be a 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.

(3) 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 either—

(a) forms a considerable part of the whole, though admitting of compensation in money; or

(b) does not admit of 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, if the other party—

(i) in a case falling under clause (a), pays or has paid the agreed consideration for the whole of the contract reduced by the consideration for the part which must be left unperformed and in a case falling under clause (b) ¹[pays or has paid] the consideration for the whole of the contract without any abatement; and

(ii) in either case, relinquishes all claims to the performance of the remaining part of the contract and all right to compensation, either for the deficiency or for the loss or damage sustained by him through the default of the defendant.

(4) 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.

Explanation.—For the purposes of this section, a party to a contract shall be deemed to be unable to perform the whole of his part of it if a portion of its subject-matter existing at the date of the contract has ceased to exist at the time of its performance.

Footnotes in the official text

1.Ins. by Act 52 of 1964, s. 3 and the Second Schedule (w.e.f. 29-12-1964).

Questions on this section

4 questions in 15 of our papers cite Section 12. Try these from the free papers:

1. For the purposes of Section 12 of the Specific Relief Act, 1963, a party to a contract is deemed to be unable to perform the whole of his part of it if:
2. A party to a contract is unable to perform the whole of his part, and the part left unperformed forms a considerable part of the whole, though it admits of compensation in money. With reference to Section 12(3) of the Specific Relief Act, 1963, consider the following statements: 1. The party in default is himself entitled to a decree for specific performance of the part he can perform. 2. The consideration the other party must pay, or have paid, is the agreed consideration for the whole, reduced by the consideration for the part left unperformed. 3. The other party must relinquish all claims to performance of the remaining part and all right to compensation for the deficiency or for loss caused by the default. Which of the statements given above is/are correct?