Specific Performance where contract unperformed is Small

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Specific Performance where contract unperformed is Small

Unread postby Admin » Thu Jan 24, 2013 1:00 pm

Specific performance of part of contract where part unperformed is small
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.

Illustrations
(a) A contracts to sell to B a piece of a land consisting of 100 bighas. It turns out that 98 bighas of the land belong to A and the two remaining bighas to a stranger, who refuses to part with them. The two bighas, are not necessary for the use or enjoyment of the 98 bighas, nor so important for such use or enjoyment that the loss of them may not be made good in money. A may be directed at the suit of B to convey to B the 98 bighas, and to make compensation to him for not conveying the two remaining bighas; or B may be directed, at the suit of A, to pay to A, on receiving the conveyance and possession of the land, the stipulated purchase money, less a sum awarded as compensation for the deficiency.
(b) In a contract of the sale and purchase of a house and lands for two lakhs of rupees, it is agreed that pan of the furniture should be taken at a valuation. The Court may direct specific performance of the contract,
notwithstanding the parties are unable to agree to the valuation of the furniture and may either have the furniture valued in the suit and included it in the decree for specific performance, or may confine its decree to the house.
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