278 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Damages and Specific Performance
Sections 19, 20, 29.
Two remedies for breach. Are the mutually exclusive or are they complimentary ? Does one bar the other ?
These are question which are considered in Sections 19,
20, 29. The rules contained in these three may be summarized as below :
- (i) In the same suit, a Plaintiff can ask for both in addition or in substitution.
(iii) In a suit where Court desides not to grant Specific Performance Court can grant Compensation to Plaintiff if entitled.
(iv) If one suit Court may grant compensation in addition to Specific Performance if it comes to the conclusion to Specific Performance is not enough.
(v) The fact that liquidated damages have been agreed upon is no bar to Specific Performance.
(vi) If suit for Specific Performance is decreed, it will be a bar to a suit for damages.
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