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29/02/2024
Laws of Bangladesh

The Specific Relief Act, 1877

( ACT NO. I OF 1877 )

Chapter II

OF THE SPECIFIC PERFORMANCE OF CONTRACTS

(a) Contracts which may be specifically enforce

Liquidation of damages not a bar to specific performance
20. A contract, otherwise proper to be specifically enforced, may be thus enforced, though a sum be named in it as the amount to be paid in case of its breach, and the party in default is willing to pay the same.
 
 
 
 
Illustration
 
 
 
 
A contracts to grant B an under-lease of property held by A under C, and that he will apply to C for a license necessary to the validity of the under lease, and that, if the license is not procured, A will pay B taka 10,000. A refuses to apply for the license and offers to pay B the taka 10,000. B is nevertheless entitled to have the contract specifically enforced it C consents to give the license.
 
 

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