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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

(e) For whom Contracts cannot be specifically enforced

Personal bars to the relief
24. Specific performance of a contract cannot be enforced in favour of a person-
 
 
 
 
(a) who could not recover compensation for its breach;
 
 
 
 
(b) who has become incapable of performing, or violates, any essential term of the contract that on his part remains to be performed;
 
 
 
 
(c) who has already chosen his remedy and obtained satisfaction for the alleged breach of contract; or
 
 
 
 
(d) who, previously to the contract, had notice that a settlement of the subject-matter thereof (though not founded on any valuable consideration) had been made and was then in force.
 
 
Illustrations
 
 
 
 
to clause (a)-
 
 
 
 
A, in the character of agent for B, enters into an agreement with C to buy C's house. A is in reality acting, not as agent for B, but on his own account. A cannot enforce specific performance of this contract.
 
 
 
 
to clause (b)-
 
 
 
 
A contracts to sell B a house and to become tenant thereof for a term of fourteen years from the date of the sale at a specified yearly rent. A becomes insolvent. Neither he nor his assignee can enforce specific performance of the contract.
 
 
 
 
A contracts to sell B a house and garden in which there are ornamental trees, a material element in the value of the property as a residence. A, without B's consent fells the trees. A cannot enforce specific performance of the contract.
 
 
 
 
A, holding land under a contract with B for a lease, commits waste, or treats the land in an unhusbandlike manner. A cannot enforce specific performance of the contract.
 
 
 
 
A contracts to let, and B contracts to take, an unfinished house, B contracting to finish the house and the lease to contain covenants on the part of A to keep the house in repair. B finishes the house in a very defective manner: he cannot enforce the contract specifically, though A and B may sue each other for compensation for breach of it.
 
 
 
 
to clause (c)-
 
 
 
 
A contracts to let, and B contracts to take, a house for specified term at a specified rent. B refuses to perform the contract. A thereupon sues for, and obtains, compensation for the breach. A cannot obtain specific performance of the contact.

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Ministry of Law, Justice and Parliamentary Affairs