Section 57 in The Specific Relief Act, 1977 (1920 A.D.)
57. Injunction to perform negative agreement.
- Notwithstanding section 56, clause (f), where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstance that the Court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting and injunction to perform the negative agreement: provided that the applicant has not failed to perform the contract so far as it is binding on him.Illustrations(a)A contracts to sell to B for Rs. 1,000 the good-will of a certain business unconnected with business premises, and further agrees not to carry on that business in Srinagar. B pays A Rs. 1,000 A carries on the business in Srinagar. The Court cannot compel A to send his customers to B, but B may obtain an injunction restraining A from carrying on the business in Srinagar.(b)A contracts to sell to B the good-will of a business. A then sets up a similar business close by B's shop, and solicits his old customers to deal with him. This is contrary to his implied contract, and B may obtain an injunction to restrain A from soliciting the customers, and from doing any act whereby their good-will be withdrawn from B.(c)A contracts with B to sing for twelve months at B's theatre and not to sing in public elsewhere. B cannot obtain specific performance of contract to sing, but he is entitled to an injunction restraining A from singing at any other place of public entertainment.(d)B contracts with A that he will serve him faithfully for twelve months as a clerk. A is not entitled a decree for specific performance of this contract, but he is entitled to an injunction restraining B from serving a rival house as clerk.(e)A contracts with B that in consideration of Rs. 1,000 to be paid to him by B on a day fixed, he will not set up a certain business within specified distance. B fails to pay the money. A cannot be restrained from carrying on the business within the specified distance.
