Specific Relief Act, 1877 — section 24

24. Personal bars to the relief. Specific performance of a contract cannot be enforced in favour of a person

(a)who could not recover compensation for its breach;

(b)who has become incapable of performing, or violates, any essential term of the contract that on his part remains to be performed;

(c)who has already chosen his remedy and obtained satisfaction for the alleged breach of contract; or

(d)who, previously to the contract, had notice that a settlement of the subject-matter thereof (though not founded on any valuable consideration) had been made and was then in force. Illustrations to clause (a) A, in the character of agent for B, enters into an agreement with C to buy C’s house. A is in reality acting, not as agent for B, but on his own account. A cannot enforce specific performance of this contract. to clause (b) A contracts to sell B a house and to become tenant thereof for a term of fourteen years from the date of the sale at a specified yearly rent. A becomes insolvent. Neither he nor his assignee can enforce specific performance of the contract. A contracts to sell B a house and garden in which there are ornamental trees, a material element in the value of the property as a residence. A, without B’s consent, fells the trees. A cannot enforce specific performance of the contract. A, holding land under a contract with B for a lease, commits waste, or treats the land in an unhusband like manner. A cannot enforce specific performance of the contract. A contracts to let, and B contracts to take, an unfinished house, B contracting to finish the house and the lease to contain covenants on the part of A to keep the house in repair. B finishes the house in a very defective manner: he cannot enforce the contract specifically, though A and B may sue each other for compensation for breach of it. to clause (c) A contracts to let, and B contracts to take, a house for a specified term at a specified rent. B refuses to perform the contract. A thereupon sues for, and obtains, compensation for the breach. A cannot obtain specific performance of the contract.