LAW OF SPECIFIC RELIEF 301
Plff. in that case cannot have a decree unless he submits to the variation; the Plff. is put on his election either (1) to have his action for Specific Performance dismissed or (2) have it subject to variation. If he elects not to accept the variation, he does not lose his remedy of damages.
II. Persons for whom contracts cannot be specifically enforced. This is dealt with in Sections 24 and 25.
Section 24
(i) Who could not recover compensation for its breach.
(ii) Who has become incapable of performing or voilates any essential term of the contract.
(iii) Who has already chosen his remedy and obtain satisfaction for the alleged breach.
(iv) Who, previously to the contract had notice that a settlement had been made and was in force.
This Section is distinguishable from Section 23 in that the defence to Specific Performance is not founded on anything in the contract itself but is based solely upon the acts or conduct of the Plff.
Section 24 is a general Section. While Section 25 is a Section which is a particular one and is limited in its application to two kinds of contracts only:—
(i) Contract to sale and (ii) Contract to let property whether movable and immovable,
Sec. 25 says that such a contract cannot be specifically enforced in favour a Vendor or Lessor, i. e. in the following cases:—
(i) Knowing not to have any title to the property, has contracted to sell or let the same.
(ii) Who cannot give a title free from reasonable doubt at the date fixed by parties or Court.
(iii) Who, previous to entering into the Contract has made a settlement of the subject-matter of the contract.
Settlement is defined in Section 3 and means any instrument—where by the destination or devolution. Successive interests in movable and immovable property is disposed of or is agreed to be disposed of.