SPECIFIC RELIEF ACT 1950
Specific performance of part of contract where part
unperformed is small
13. Where a party to a contract is unable to perform the whole
of his part of it, but the part which must be left unperformed bears
only a small proportion to the whole in value, and admits of
compensation in money, the court may, at the suit of either party,
direct the specific performance of so much of the contract as can
be performed, and award compensation in money for the
deficiency.
ILLUSTRATION
In a contract for the sale and purchase of a house and lands for RM20,000,
it is agreed that part of the furniture should be taken at a valuation. The court
may direct specific performance of the contract notwithstanding the parties
are unable to agree as to the valuation of the furniture, and may either have
the furniture valued in the suit and include it in the decree for specific
performance, or may confine its decree to the house.
Specific performance of part of contract where part
unperformed
is large
14. Where a party to a contract is unable to perform the whole
of his part of it, and the part which must be left unperformed forms
a considerable portion of the whole, or does not admit of
compensation
in money, he is not entitled to obtain a decree for specific
performance.
But the court may, at the suit of the other party, direct the party
in default to perform specifically so much of his part of the
contract
as he can perform, provided that the plaintiff relinquishes all claim
to further performance, and all right to compensation either for the
deficiency, or for the loss or damage sustained by him through the
default of the defendant.
Specific performance of independent part of contract
15. When a part of a contract which, taken by itself, can and
ought to be specifically performed, stands on a separate and
independent footing from another part of the same contract which
cannot or ought not to be specifically performed, the court may
direct specific performance of the former part.
Specific Relief
15
Bar in other cases of specific performance of part of contract
16. The court shall not direct the specific performance of a part
of a contract except in cases coming under one or other of the three
last preceding sections.
Purchaser's rights against vendor with imperfect title
17. Where a person contracts to sell or let certain property, having
only an imperfect title thereto, the purchaser or lessee (except as
otherwise provided by this Chapter) has the following rights:
(a) if the vendor or lessor has subsequently to the sale or
lease acquired any interest in the property, the purchaser
or lessee may compel him to make good the contract out
of that interest;
(b) where the concurrence of other persons is necessary to
validate the title, and they are bound to convey at the
vendor's or lessor's request, the purchaser or lessee may
compel him to procure the concurrence; and
(c) where the vendor or lessor sues for specific performance
of the contract, and the suit is dismissed on the ground
of his imperfect title, the defendant has a right to a return
of his deposit (if any) with interest thereon, to his costs
of the suit, and to a lien for the deposit, interest, and
costs on the interest of the vendor or lessor in the property
agreed to be sold or let.
Power to award compensation in certain cases
18. (1) Any person suing for the specific performance of a contract
may also ask for compensation for its breach, either in addition
to, or in substitution for, its performance.
(2) If in any such suit the court decides that specific performance
ought not to be granted, but that there is a contract between the
parties which has been broken by the defendant and that the
plaintiff
is entitled to compensation for that breach, it shall award him
compensation accordingly
