Section 12 of SRA : Section 12: Specific Performance Of Part Of Contract

Explanation using Example

Imagine a scenario where you enter into a contract to buy a custom-built house with a unique garden layout from a builder. The contract specifies that the house will be fully furnished and the garden will have a special fountain feature. However, due to unforeseen supply issues, the builder is unable to install the fountain, which is a small part of the overall contract value.

Under Section 12(2) of The Specific Relief Act, 1963, you, as the buyer, can go to court and ask for the specific performance of the contract for the house to be built and furnished as agreed, except for the fountain. The court may order the builder to complete the house and may also award you monetary compensation for the missing fountain feature, since it is a minor part of the contract and can be compensated with money.

However, if the fountain was a major feature of the garden and represented a significant part of the contract's value, or if it was something unique that money can't compensate for, then under Section 12(3), you would not be entitled to demand the specific performance of the entire contract. The court may still require the builder to complete the rest of the house, provided you agree to pay the full price minus the value of the fountain, and you also give up any further claims related to the fountain.

An example under Section 12(4) might be if the contract also included a separate agreement for the builder to sell you an adjacent plot of land. If this land sale is independent of the house construction, the court could enforce the specific performance of the land sale even if it decides not to enforce the specific performance of the house construction with the fountain.