Repealed or not in force · As amended up to 2026-08
14. Specific performa~~ce
of part of contract where part u ~ i -
- performed is small.
14. Where a party to a contract is unable to perform the n7hole 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 cieficieucy.
8 J x s kacri?'on.s.
(a). A coiltracts to sell 13 a piece of land consisting of 100 bighris. It tnrns out that[9S ] l.)ighQs of the land bclong to A,
Contracts of which the subject has partially ceased to exist.
Specific performance of part of contract where part uuperformed is small.
nucl
Specific prforlr~auce of part of con- tract where part unpelformed is large.
and tlie two remaining bightis to a htranger, who refuses to part n,itll them. The two bightis are not necessary for the use or enjoyment of the 98 bighiis, nor 80 important for such use or e~~joyruent that the loss of them nlay not be made good in money. A may be directed at the suit of B to convey to B the 98 bightis and to make compe~lsation to him for not conveying the two remaining biihks; 01. B inay be directed, `at` the suit of A, to pay to A on receivillg the conveyance aud possession of the land, the stipulated purchase-moiiey, less a sum awarded as compensation for the deficiency.
(6). In a coutract for the sale and purchase of a house and lauds for two 16khs of rupees, it is agreed that part of the furniture should be talcen a t a valuation. The Court lnny direct specific performance of the contract notwithstanding the panties are unable to agree as to the valuation of the furniture, and may either have the furniture valued in the suit 2nd include it in the decree for specific performanc.e, or may confine its decree to tlie house.
Source: India Code