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Specific Relief

• Question What is specific relief

• Answer Specific relief is an obligation or specific performance of a contract.
• All contracts are specifically enforceable except section 11(2),Section 14 and section 16
• The contract is specifically enforceable –
• When the thing claimed is held by the defendant as the agent or trustee of the plaintiff
• When compensation in money would not afford the plaintiff adequate relief for the loss Of the
thing claimed
• when it would be extremely difficult to acertain the actual damage caused by its loss
• when the posession of the thing Claimed has been wrongfully transferred from the plaintiff

Conditions in which contract is not specifically enforceable

1 A contract made by trustee in excess of his powers or in breach of trust

2 Where a party to contract has obtained substituted performance under section 20

3 The contract involves the performance of a continuous duty which the court cannot supervise

4 When the contract is so dependent on the personal qualification of the parties

5 When the nature of the contract is determine able

6 When the person becomes incapable of performing or violates any essential term or acts in fraud, or
willfully acts at variance, or in subversion

7 When the person fails to prove that he has performed or has always been ready and willing to perform
the essential terms of the contract, other than the terms which has been prevented or waived by the
defendant.

Substituted performance

Section 20 Where the contract is broken due to the non performance of promise of any party the party
who suffers by such breach shall have the option of substituted performance through a third party or by
his own agency and recover the other expenses and other costs actually incurred.

The party who suffers such breach has given a notice in writing of not less than 30 days to the party in
breach calling upon him to perform the contract within such time as specified in the notice and on his
refusal or failure he may get the same performed by the third party.

The party who suffers such bridge shall not be entitled to recover the expenses and cost unless he has
got the contract performed through a third party

When the contract is performed by the third party the right of performance of specific relief cannot be
claimed.
It shall not prevent the party from claiming compensation from the party in breach.

Recession section 27

When court may adjudged recission

1 Where the contract is voidable or terminable by the plaintiff.

2 Where the contract is unlawful and the defendant is more to blame then the plaintiff.

When the court may refuse Two rescind the contract

1 Where the plantiff ratified the contract.

2 The parties cannot be substantially restore to the position in which they stood when the contract was
made.

3 Where the third party acquired rights in good faith.

4 Where the contract is not severable from the rest of the contract.

Preventive relief

Injunction

What is injunction?

Injunction means a judicial order restraning a person from beginning or continuing any action.

It is mentioned in section 36 – Section 41 of specific relief act.

Preventive relief is granted at the discretion of the court by injunction temporary or perpetual

section 37 temporary and perpetual injunction

Temporary injunction -It is for a specified time or

until the further order of the court and they may be granted at any stage of the suit it is defined in order
39 of code of Civil Procedure 1908.

Perpetual injunction- Perpetual injunction can only be granted by the decree made at the hearing and
upon the merits of the suit The defendant is perpetually enjoined from the assertion offer right or from
the Commission of an act which would be contrary to the rights of the plaintiff.

When perpetual injunction be granted

1 To prevent the breach of an obligation

2 When the defendant invades or threatens to invade the plaintiffs right or enjoyment of property the
court may grant but perpetual injunction in following cases
 A. Where the defendant is trustee of the property of the plaintiff.
B. Where there exist no standard for a certain ING the actual damage caused by the invasion
C. where the invasion is such that compensation in money would not afford adequate relief
D. where the injunction is necessary to prevent a multiplicity of judicial proceedings.

Mandatory injunction

in this the court may in its discretion grant an injunction to prevent the breach complained of and also
to compel performance of the requisiteFacts.