Wednesday, September 27, 2023

๐—๐˜‚๐—ฑ๐—ถ๐—ฐ๐—ถ๐—ฎ๐—น๐——๐—ฟ๐—ฒ๐—ฎ๐—บโ„ข

๐™ฐ๐™ต๐™ต๐™พ๐š๐™ณ๐™ฐ๐™ฑ๐™ป๐™ด & ๐™ฐ๐™ฒ๐™ฒ๐™ด๐š‚๐š‚๐™ธ๐™ฑ๐™ป๐™ด

MODEL ANSWERSPECIFIC RELIEF

PERSONAL QUALIFICATION WORK

Whether specific performance of the contract can be granted in the following cases:
โ€œP, a writer enters into a contract with X and Co., a law book publisher that he would write a book on transfer of property law for them. Later on P refuses to write the book.โ€

The main issue which is involved in the present case is whether can the contract be specifically performed by the court and P be compelled to perform his contractual obligation.

Before the amendment of 2018, according to section 10 of the Specific Relief Act, 1963, it was discretion of the court whether to allow the specific performance of contract or not. According to section 10, the parties had to prove that if the court would not allow the specific performance, then in such a case, the party would suffer irrecoverable loss that could not be compensated by providing monetary relief.

But after the amendment of 2018, it is mandatory for the court to grant specific performance of a contract. According to section 10 of the Specific Relief Act, 1963, now it is duty of court to grant specific performance of contract subject to the provisions of section 11(2) 14 and 16 of the Specific Relief Act, 1963.

According to section 14 of the Specific Relief Act, 1963, in certain situations, the court cannot grant specific performance of contract. According to this section, if a contract is based upon personal qualifications of a party, then in such a case, the court cannot grant specific performance of that contract.

In the leading cases of Tata Chemical Ltd. vs Kailash & Moti Ram vs Khyali Ram, the Honโ€™ble court held that if the contract is so dependent upon the personal qualifications of a party, then in such a case, the court will not grant specific performance of that contract.

In the present case, P agreed to write a book and contract of writing a book is dependent on the personal qualifications of a person. So, if P refuses to write a book, then he cannot be compelled to write a book and court cannot grant specific performance of this contract.

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