- Except as otherwise provided in this Act, specific performance of a contract may, in the discretion of the court, be enforced-
- when the act agreed to be done is in the performance, wholly or partly, of a trust;
- when there exists no standard for ascertaining the actual damage caused by the non-performance of the act agreed to be done;
- when the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief.
- Unless and until the contrary is proved, the court shall presume-
- that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and
- that the breach of a contract to transfer movable property can be so relieved except in the following cases:-
- where the property is not an ordinary article of commerce, or is of special value or interest to the plaintiff, or consists of goods which are not easily obtainable in the market;
- where the property is held by the defendant as the agent or trustee of the plaintiff.
Chapter II — Specific Performance of Contracts
Section 11
Cases in which specific performance of contracts connected with trusts enforceable
Printed from Law on Tips • Specific Relief Act, 1963