Section 24 in The Specific Relief Act, 1977 (1920 A.D.)
24. Personal bar to the relief.
- Specific performance of a contract cannot be enforced in favour of a person,-(a)who could not recover compensation for its breach;(b)who has become incapable of performing, or violates, any essential term of the contract that on his part remains to be performed ;(c)who has already chosen his remedy and obtained satisfaction for the alleged breach of contract;or(d)who previously to the contract, had notice that a settlement of the subject-matter thereof (though not founded non any valuable consideration) has been made and was then in force.Illustrations.to clause (a) -A, in the character of agent for B, enters into an agreement with C to buy C's house A is in reality acting not as agent for B but on his own account. A cannot enforce performance of this contract.to clause (b) -A contracts to sell B a house and to become tenant thereof for a term of fourteen years from the date of the sale at a specified yearly rent. A becomes insolent. Neither he nor his assignee can enforce specific performance of the contract.A contracts to sell B a house and garden in which there are ornamental trees, a material element in the value of the property as a residence. A, without B's consent fells the tree. A cannot enforce specific performance of the contract.A, holding land under a contract with B for a lease, commits waste, or treats the land in an un-husband like manner. A cannot enforce specific performance of the contract.A contracts to let, and B contracts to take, an unfinished house, B contracting to finish the house and the lease to contain covenant on the part of A to keep the house in repair. B finishes the house in a very defective manner; he cannot be enforced the contract specifically, though A and may sue each other for compensation for breach of it.to clause (c)A contracts to let, and B contract to take a house for a specified term at a specified rent. B refuses to perform the contract. A thereupon sues for and obtains, compensation for the breach. A, cannot obtain specific performance of the contract.
