298 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
There are thus four exceptions to the rule.
Where parts are divisible—Specific Performance can be decreed of one part though not of all parts—Section 16.
Where parts being in divisible part which cannot be performed admits of compensation and bears a small proportion to the whole, the party may sue for Specific Performance— Section 14.
Where parts being indivisible, part which cannot be performed admits of compensation and bears a large proportion to the whole undertaking, the promisee may sue for Specific Performance of the remaining i.e. of the part which can be performed provided he relinquishes all claim to further performance and all right to damages—Section 15.
Where parts being indivisible, the part which cannot be performed does not admit of compensation and bears a large Specific Performance of the part which can be performed may be decreed within the terms mentioned in Section 15.
Specific Performance of a Contract
Where the Vendor or Lessor has an
Imperfect Title
- The rule as to this is contained in Section 18. This Section deals with four clauses:—
(i) Where Vendor/Lessor has acquired good title after the contract.
(ii) Where procuring of the consent of other persons is necessary.
(iii) Where encumbered property is sold as though it was unencumbered.
(iv) Where deposit has been paid and the suit for Specific Performance has been dismissed.
Clause (a). —Is based on the undeniable proposition that when a person enters into a contract without the power of performing that contract, and subsequently acquires the power of performing that contract, he is bound to do so.
Illus. An heir apparent, who contracts to sell the property to which he is heir, will be compelled to specifically perform such contract if and when he succeeds to the property.