Section 24. Specific performance of a contract cannot be enforced in favour of a person

24. Specific performance of a contract cannot be enforced in favour of a person- (a) who could not recover compensation for its breach ; (6) who lias become incapable of performing, or ,iolates, any essential term of the contract that on liis part remains to be performed ; (c) who lias already chosen his remedy and obtain- cd satisfaction for the alleged breach of contl*act; or (d) m7l10, previously to the contract, had notice that a settlement of the subject-matter tliereof (though not founded on any valuable considerntion) had been mado and was then in force. to clausc (a).-A, in the character of agcnt for B, enters illto agreement with C to buy C's l~onse. A is in reality acting, as agent for B, but on his 0 ~ 1 1 account. A callnot enforce specific performance of this contract. to clause (b).-A co~itracts to sell B a l~ouse 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. Neiilier he nor his assignee Can enforce specific performance of t]le contract. A contracts to sell B a house and garden in which there are orllamental trees, a material elenlent in the value of the pro,rty as a residence. A, without 13's consent, fells the trees. A :allnot enforce specific performance of the contract. A, l~olding land under a contract with B for a lease, commits waste, or treats the land in ail ~unhusbaudlilie manner. A canenforce specific performance of the contract. A contracts to let, and U contracts to take, an nnfinislled l]ouse, B contracting to finish the honsc aud the lease to contaiil coveua~lts 011 the part of A to lieell the house in repair. finishes the house in a very defective manner : he canllot enfor~c tbe contract specifically, though `h` and 3 may sue olhcr for con~pcnsation for brcach of it. to to clause (c).-A contracts to let, and B contracts to talie, a house for a specified term at aspecified rent. B refuses to pertiirln the contract. A thereupon sues for, arid obtains, compensation for the breacli. A cannot obtain specific perfortnailce of the contract. 25. A contract for the sale or letting of property, Contracts to whether moveable or immoveable, cannot be specific- ;~l~;!$;~y ally enforced in favour of a vendor or lessor- has 110 title, has 110 title, settler. (a) who, knowing himself not to have any title to the property, has contracted to sell or let the same ; (b) who, though he entered into the contract believing that he had a good title to the property, cannot at the time fixed by the parties or by the Court for the completion of the sale or letting, give tllc purchaser or lessee a title free from reasonable doubt ; (G) who, previous to entering into the contract, has made a settlement (though not founded on any valuable consideration) of the subject-matter of the contract. (u). A, u~ithout C's authority, c0ntract.s to sell to B an estatc which A ltnows to belong to C. A cannot enforce specific performauce of t & ~ contract, even though C is willing to confirm it. (6). A bequeaths his laud to trustees, declaring that they may sell i t with thc conseilt in writing of B. B gives a geuera1 prospective assent in writing to any sale which the trustees may make. The trustees theu enter into a contract with C to sell him the land. C refuses to carry out the coiltract. The trwtees cannot specifically enforce this contract, as, in the absence of B's consent to the particulur salc to C, the title which they can give C is, as the law stands, not free from reasonable doubt, (c). A, being in possession of certain land, contracts to sell it to Z. On inquiry it turns out tliat A claims the land as heir of B, who left the country several years before, and is geilerally believed to be dead, but of whose death there is no suficient proof. A cannot compel Z specifically to perform the contract. ((2). A, ont of natural lovc and affectiou, inalres a settleme~it. of certnii: property on his brothers and their issue, ailcl afterwards enters into a, contract to sell the propcrty to a stra,nger. A cannot enforce specific pcrforlllnnce of this col:tracb so as to override override the setlle~neul, and thus prejudice the iuterests of tlie pel.sons claiming under it. ( f ) . Fov wlzonz Contracts cannot be specijicully elzfo?*ced escept with `tc` YuriaZio~z. 2 6. Where a plaintiff seeks specific performance of a contract in writing, to which the defendant sets up a variation, the plaintiff cannot obtain the perfornlance sought, except with the variation so set up, in the following casee (namely) :- WO~-enforce- merit excellt of a contract in writing, to which the defendant sets with variation. (a) where by Iraud or mistake of fact the contract of which pe~formance is sought is in terms different from that which the defen&&nt supposed it to be when he entered into it ; (6) where by fraud, mistake of fact, or surp~*i~n the ciefendaul entered into the contract i~nder `m` misapprehension as to its effect as between himself and the plaintiff; (c) where the defendant, knowing the terms of the contract and understanding its effect, has entered into it relying upon some misrepr~.sentation bg thc plainti& or upon some stil~ulation on the plaintiff's part, which adds to the contract, but which he refuses to fulfil ; 1k-& U \ J ~ (d) where the object of the parties was to produce a certain legal result, whioh the contract as framed is not calculated to produce ; (e) whcre the parties have, subsequently to the execution of t,11e contract, contracted to va,ry it. (a). A, B and C sign a wl.itiug. by which Il~ey purport to cuutract each to enter into a bond to D for Rs. 1,000. I11 a snit by `I?,` to makc A, E and C separately liable each to the extent of Rs. 1,000, they prove fhnt the word ' cncll ' was iuserted by mistake; that the intentio~l was that they should give a joint bond for Its. 1,000. D can obtain tlie performance sought only with the variation thus set up. (6). A sues R to compel sl~ccific performance uf a coiltract ill writing fin l?ny a dwelling-housc. B proves that llc assuincd that the contract iacla(1ed an acljjoiuiirg ynrd, and the cu111r:~ct `187,7.]` Speczjic Relief. 25 was so f~anzed as to leave it doubtful whether the yard was so iucluded or not. The C o ~ ~ r t will refuse to enforce the coutract, except with the variation set up by B. (c). A ~nntracts in writing to lct to B a wharf, together with a strip of A's laud delineated in a map. Before signing the contract, B proposed orally that he should be at liberty to substitute for the strip mentioned iu the contract anotlier strip of A's land of the same dimensions, and to this A expressly assented. B then sigued the written contract. A cannot obtain specific performance of the written contract, except with the variation set up by B. (d). A and B enter into negociatious for the purpose of securing land to B for his life, with remaiuder to his issue. They execute a contract the terms of which are found to coilfer a n absolute ownersllip ou B. The contract so framed cannot be specifically enforced. (e). A contracts in writing to let a house to B, for a certain term, at the rent of Rs. 100 per month, putting it first iute tenantable repair. The house turns out to be not worth repairing, so, with B's conseut, A pulls it down and erects r, nett. house in its place : B contracting orally to pay rent a t Rs. 120 per mensem. B then sues to euforce specific performance of the contl-act in writing. He cannot enforce it except with the variations made by the subsequent oral contract. (g). A g a k t `whom` Corntracts may be spec$cnlly en forced.