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 ...

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