Section 12 in The Specific Relief Act, 1977 (1920 A.D.)
12. Cases in which specific performance enforceable.
- Except as otherwise provided in this Chapter, the specific performance of any contract may in the discretion of the Court be enforced.-(a)when the act agreed to be done is in the performance, wholly or partly, of a trust;(b)when there exists no standard for ascertaining the actual damage caused by non-performance of the act agreed to be done;(c)when the act agreed to be done is such that pecuniary compensation for its non-performance would not afford adequate relief; or(d)when it is probable that pecuniary compensation cannot be got for the non-performance of the act agreed to be done.Explanation. - 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 thus relieved.Illustrationsof clause (a) - omitted.of clause (b) -A agrees to buy, and B agrees to sell, a picture by a dead painter and two rare China vases. A may compel B specifically to perform this contract, for there is no standard for ascertaining the actual damage which would be caused by its non-performance.of clause (c) -A contracts with B to sell him a house for Rs. 1,000. B is entitled to a decree directing A to convey the house to him, he paying the purchase money.In consideration of being released from certain obligations imposed on it by its act of incorporation a railway company contract with Z to make an archway through their railway to connect lands of Z severed by the railway, to construct a road between certain specified points, to pay a certain annual sum towards the maintenance of this road, and also to construct a siding and a wharf as specified in the contract. Z is entitled to have this contract specifically enforced, for his interest in its performance cannot be adequately compensated for "by money; and the Court may appoint a proper person to superintendent the construction of the archway, road siding and wharf.A contracts to sell, and B contracts to by, a certain number of railway shares of a particular description. A refuses to complete the sale. B may compel A specifically to perform this agreement, for the shares are limited in number and not always to be had in the market, and their possession carries with it the status of a share holders which cannot otherwise be procured.A contract with B to paint a picture for B, who agrees to pay therefor Rs. 1,000. The picture is painted. B is entitled to have it delivered to him on payment or tender of the Rs. 1000.of clause (d) -A transfers without endorsement, but for valuable consideration, a promissory note to B. A becomes insolvent, and C is appointed his assignee. B may compel C to endorse the note, for C has succeeded to A's liabilities, and a decree for pecuniary compensation for not endorsing the note would be fruitless.
