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Law · Q347

Specific Relief Act

Graduate and Post Graduate · Law · question 347

Q347

Under Section 12 of the Specific Relief Act, 1963, the general rule is that the specific performance of a part of the contract

A.
Can be granted
B.
Shall not be granted
Answer
C.
May not be granted
D.
None of the above

Answer: Option B

Solution

Answer: Option B
Solution:
Under Section 12 of the Specific Relief Act, 1963

The general rule is that specific performance of a part of the contract shall not be granted

This section reflects the principle that courts typically do not enforce only a part of a contract

Specific performance is an equitable remedy, and the whole contract must be capable of being performed

However, there are certain exceptions provided under the same section where partial performance may be granted

But as a general rule, partial enforcement is not allowed under Section 12