Section 41 of SRA : Section 41: Injunction When Refused

Explanation using Example

Example of Section 41 of The Specific Relief Act, 1963:

Imagine a scenario where a homeowner, Mr. Sharma, discovers that his neighbor, Mr. Gupta, is planning to build an extension to his house that would block Mr. Sharma's scenic view. Mr. Sharma wants to stop Mr. Gupta from constructing the extension and considers seeking an injunction.

However, under Section 41(e) of The Specific Relief Act, 1963, an injunction cannot be granted to prevent the breach of a contract whose performance would not be specifically enforced. Since the agreement between the neighbors about the view is not one that can be specifically enforced by the court (it's a personal preference rather than a legal right), Mr. Sharma cannot obtain an injunction on this basis.

Furthermore, if Mr. Sharma has known about Mr. Gupta's construction plans for a long time and has not taken any steps to contest it, under Section 41(g), he cannot seek an injunction due to his acquiescence to the continuing breach.