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15 AIR 1927 Madras 636 (FB) 2025:CHC-PB:61

16. In order to examine whether such agreement can be enforced, it would be apposite to consider the provisions of Section 14 and 16 of the Specific Relief Act, 1963 which provides the contract which cannot be specifically enforced. Both the aforesaid provisions are reproduced hereunder for the sake of convenience of discussion.

"Section 14. Contracts not specifically enforceable.--The following contracts cannot be specifically enforced, namely:-- (a) where a party to the contract has obtained substituted performance of contract in accordance with the provisions of section 20; (b) a contract, the performance of which involves the performance of a continuous duty which the court cannot supervise; (c) a contract which is so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms; and (d) a contract which is in its nature determinable."
"Section 16. Personal bars to relief.--Specific performance of a contract cannot be enforced in favour of a person-- 2[(a) who has obtained substituted performance of contract under section 20; or] (b) who has become incapable of performing, or violates any essential term of, the contract that on his part remains to be performed, or acts in fraud of the contract, or wilfully acts at variance with, or in subversion of, the relation intended to be established by the contract; or (c) 3[who fails to prove] that he has performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than terms the performance of which has been prevented or waived by the defendant. Explanation.--For the purposes of clause (c),-- (i) where a contract involves the payment of money, it is not essential for the plaintiff to actually tender to the defendant or to deposit in court any money except when so directed by the court; (ii) the plaintiff 4[must prove] performance of, or readiness and willingness to perform, the contract according to its true construction."