EQUITY AND SPECIFIC RELIF

Final Examination

NOVEMBER 11, 2020

M. ZAIGHAM RAZA
BL-0245
Question No 1. PLEASE EXPLAIN IN DETAIL THE PROVISIONS OF THE
SPECIFIC RELIEF ACT IN RELATION TO SPECIFIC PERFORMANCE AND
DECLARATION. (MINIMUM 500 WORDS.)
Answer No. 1
Specific Performance
The Specific Relief Act historically deals with Equity and Specific Relief and the
Specific Performance is the equitable relief. The Specific Performance of the
Contract is covered from section 12 to section 30 of Chapter II of Specific Relief
Act, 1877.
The whole topic of Specific Performance of contracts is split into sections and
explained below;
Section 12:
Section 12 of SRA says that where there is a contract based on the trust, court will
specifically enforce the contract.
Specific Performance of the contract will be enforced when there is not possible to
ascertain the value of actual damage caused by the non-performance of the act
agreed to be done.
Specific Performance of the contract will be enforced when the pecuniary
compensation against the non-performance of the act would give the adequate
relief.
Specific Performance will be enforced when there is no pecuniary compensation
can be give against the non-performance of the act agreed to be done.
Section 13:
The section 13 of Specific Relief Act deals with the contracts of which the subject
has partially ceased to exist.
This section tells that the contract cannot wholly be executed when the subject
matter ceases to exist at the time of performance.
For Example, A contracts with B to buy 50 litres of milk on a certain date. When
the time of Performance of the contract comes, the 25 litres of milk was not
available. In this case, the contract will be performed but cannot be performed
completely.
Section 14:
The section 14 of Specific Relief Act deals with the specific performance of the
part of the contract where the small part of which is not able to be performed.

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This section discusses the scenario in which a small part of the contract is not able
to be performed. In that situation, the large part of the contract which is
performable will be executed and the party can claim the damages for the small
part of the contract which is remained undone.
Section 15:
This section talks about the specific performance of the part of the contract where
the large part of which is not able to be performed.
In this case, when the large part of the contract is not possible to be performed then
still the party can seek to the court to claim the specific performance of the contract
but then it will not be able to claim the compensation of loss or damages of the
remained part of the contract.
Section 16:
This section talks about the specific performance of independent part of the
contract. If there are two parts of the contract in which one part cannot be
performed but the other part can be performed so now it is obligation of the parties
to execute the contract which is able to be performed and if any party doesn’t
perform its role in that other part of the contract, the aggrieved party can then ask
to the court and seek the specific performance of independent part of the contract.
Section 17:
This section tells that the court will not direct for the specific performance of part
of the contract which does not come under section 14, 15 and 16 of the Specific
Relief Act.
Section 18:
Section 18 of Specific Relief Act deals about the rights of the purchaser against the
vendor with imperfect title. This section says that if the vendor doesn’t own the
property and still deals with the buyer and later acquires the same property then the
purchaser has the right to claim the ownership of the property to make his title
perfect.
Section 19:
According to section 19 of SRA, the court has the power to grant compensation to
with the addition or the substitution of Specific Performance. If someone is suing
the other party in the court for the specific performance, then the court, if thinks fit,
can award the compensation of breach of the contract with the direction of specific
performance.

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Section 20:
Section 20 talks about the compensation of damages on the account of breach of
the contract by any party and it has to be mentioned in the contract.
Section 21:
Section 21 of SRA talks about the specific performances of the contracts which are
not enforceable.
The contract is not enforceable when there is an adequate relief against the non-
performance of the act.
The contract is not enforceable where the court cannot find reason about the
contract to be enforceable.
The contract is not enforceable where it is revocable.
The contract is not enforceable where trustees make the contract with the intention
to excess their powers or breach of the trust.
The contract is not enforceable where the promoters of the company makes the
contract on the behalf of the public company with the intention to increase their
powers.
Such contracts are not enforceable which involves the duty of performance
exceeding with the continuous period of three years.
The contract is not enforceable when there is no material part of subject matter.
Section 22:
The court can give the decree regarding specific performance against the plaintiff if
the plaintiff is gaining unfair advantage.
The court can give decree against the plaintiff in case of specific performance if
there is hardship for the defendant in the performance and the plaintiff has not got
any loss on the non-performance of the contract.
Section 23:
Section - 23 of the Specific Relief Act - 1877 provides as to who may obtain
specific performance of the contracts. According to this section Specific
Performance is obtainable: -
By any party to the contract
2. The representative in interest or the principal of any party.
3. In case of contract relating to a settlement on marriage or a compromise any
person beneficially entitled.
4. A reversionary in possession.

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5. A reversionary in remainder.
6. The promoter of a public company.

Section 24:
Section 24 of the Specific Relief Act - 1877 provides as to who cannot obtain
specific performance of the contracts or where personal bars to the relief are
attached. According to this section Specific Performance cannot be obtained by
following persons: -
1. A person who could not recover the compensation for its breach of contract.
2. A person who has become incapable of performing or violates any essential term
of the contract that on his part remains to be performed.
3. A person who has already chosen his remedy and obtained satisfaction for the
alleged breach of contract.
Section 28:
Section 28 of the Specific Relief Act - 1877 provides against whom contracts
cannot be specifically enforced. It particularly relates to the contracts that cannot
be enforced because they are invalid on account of fraud, undue advantage or
misrepresentation. It does not apply to contracts which are legally valid, though
there is unfair advantage on one side.

Declaratory Decrees
Section 42:
Section 42 says if any person denies the title of the rightful ownership of plaintiff’s
property, then the plaintiff can get decree of the court to get his ownership of the
property to be declared. After that plaintiff would not need any further relief.
Section 43:
According to Section 43, the declaration made is binding only to those parties who
is claiming it respectively or that party would be the trustee at that claiming time.

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