Section 15. Specific performance of part of .contract where part ut~pedormed is large

15. Specific performance of part of .contract where part ut~pedormed is large. 15. Where a party to a contract is unable to perform the whole of his part of it, and the part which must be left unperformed forms a considerable portion of the whole, or does not admit of compensation in money, he is not entitled to obtain a, decree for specific performance. But the Couyt may, at the suit of the other party, direct tlie party in default to perform specifically so much of his part of the contract as 'ne can perform, provided that the plaintiff relinquishes a11 claim toiurther perforulmce, ~ : c d a,l1 right to compensation, either for the deficiency, oi* for the loss or damage sustained by him through the default of the defendant. ($). A contracts to sell to B a piece of land consisting of 100 bighas. I t turns out that 50 bighris of the land belong to A , and the other 50 bfghLs to a stranger, who refuses to part wit11 tlieni. A cannot obtain s decree against 13 for the specific performance of the contract ; but if B is willing to pay the pricf agreed upon, ancl to talre the 50 bighLs which belong to A waiving all right to coillpcnsation either for the deficiency or fo loss sustaiued by him throngh A's neglect or default, B is entitle to a decree directing A to coiivey tliose 50 biglibs to him on pa) nicllt of the purchase-money. (6). A contracis to sell to 73 nil eatritc wit11 a Ilouse ni gw'den for n 1Alx11 of rul~ecs. The gardeli is importnnt for t' cir joylue enjoyment of the house. It turns out that A is unnblc to convey thc garden. A cannot obtain a decree against B for the kpeciiic performance of tlie contract; but if B is willing to p:ly the price agreed upon, ancl to take tlie estate and house withont t!le garden, waiving all right to coinpensatiou either for Ll~e cleliciency or for loss sustained by him througll A's ueglect or default, B is entitled to a decree directing A to convey the house to him on payment of the purchase-money. 16. When a part of a contract ~vliicli, taken by foru~a~ice Specific per- of Specific per- of of itself, caa and ought to be specifically performed, ;,,dependent stands on a separate and independent footing from part of another part of the same contract which cannot or COutraCt. ought not to be specifically performed, the Court may direct specific performance of the former part. foru~a~ice Specific per- of Specific per- of of `17.` The Court shdl not direct the specific per- Bar in olller cases of speformance of a part of a contract except in cases coni- cific perform. ing under one or other of tlie tliree last preceding ance of part sections. of coi~tr~~ct. cases of specific perform. ance of part of coi~tr~~ct. 18. Where a person contracts to sell or let certain Purchaser's property, having only an imperfect title thereto, the "W against vendpurchaser or lessee (except as otherwise provided by or with with imthis chapter) has the following rights :- perfect title. against vendor with with imperfect title. ~ ~ A d (a) if the vendor or lessor has subsequently to the A sale or lease acquired any interest in the property, the purchaser or lessee may compel him to make good the contract out of such interest ; (b) where the concurrence of other persons is necessary to validate the title, and they are bound to convey at the vendor's or lessor's request, the purctiaser or lessee may compel him to procure such concurrence ; (c) where the vendor professes to sell uniacumbered property, but the property is mortgaged for an amount not exceeding the purchase-money, and the vendor llas in fact only a riglit to redeeni it, the purchaser niay compel him to rcdceui thc, mortgage ancl to obtain a conrreyance from the mortgagee ; (G?) where the venclor or lessor sues for specific perfor~ilai~ce of thc contract, aild thc suit is dis1xisscd on tllc ground of his irill~crfect title, the defclidant has Power to award compensation in certsi~i eases. has a, rig11 t to a return of his deposit (if any) with inter& thereon, to his costs of thc suit, and to a lien for sue11 deposit, interest, and costs on the interest of the vendor or lessor in the property agreed to be sold or let. 19. Any person suing for the specific perforniante of a contract, may also ask for corupensatioll for its breach, either in addition to, or in substitution for, such perforinance. If in any such suit the Court decides that specific perforii~ance ought not to be granted, but that there is a contract between the partics wllich has been brolren by the defendant and that the plaintiff is entitled t,o compensation for that breach, it shall award him compensation accordingly. If in any such suit the Court decidcs that specific performance o u ~ h t to be granted, but that it is not sufficient to satlsfy the justice of the case, and that some compensation for breach of the contract shoulcl also be made to the plaintiff, it shall award him such compensation accordingly. Compensation awarded under this section may be assessed in such manner as the Court niay direct. EXPLANATION.--T~~ circumstance that the Contract has become iricapable of specific nerformance, does not preclude the Court from exercis:ng the jurisdiction conferred by this section. + of the second paragraph :-A contracts to sell a huntlred maulids of rice to B. B brings a suit to compel A to perform the contract or to pay compensation. The Court is of opinion tliat A has made a valid contlSact and has broke11 it, without excuse, to the injury of `13,` bu$ that specific performallce is not the proper remedy. It shall award to E such compeusntion as it deems just. of tlie third paragraph :-A contracts with B to sell llim a house for Rs. 1,000, tlie price to be paicl a i d the possession given 011 the 1st Janunry 1877. A fails to perform his part of the contract, and 13 brings his suit for specific perfol-~nance and cornpensation, which is decided in 11is favour on the 1st January 1878. The decree may, besidub ordc-riug spc?cifie performance, 187'9.1 Specific Belief. a\varcl to B conlpensatio~~ for any loss which hc has sustai~icd by A's refusal. of the Explanation :-A, a purchaser, sues B, his vendor, for specific perfor~nai~ce of a coiltract for the sale of a patent. Refore the hearing of the suit, the patent expires. The Court may award A compensatioll for the non-performance of the contract, and may, if necessary, amend the plaint for that purpose. A sues for the specific performance of a resolution passed by the Directors of a public company, uilder which he was elltitled to have a certain number of shares allotted to him, and for compensation for the non-performance of the resolution. All the shares had been allotted before the iustitution of the suit. The Court may, under this section, award A compei~sation for the non-performance.