The specific performance will not be granted when

Performance Act, 1963. The Specific Performance will not be granted when damage will be
calculated and by awarding compensation the Court satisfied that it will be adequate remedy
to the plaintiff.
FOLLOWING CONTRACTS CANNOT BE SPECIFICALLY ENFORCED (SECTION
14)
The following contracts cannot be Specifically Enforced;
1. A contract for the non-performance of which compensation in money is an adequate
relief and the damages will be appropriately estimated or measured;
2. A contract which dependent on personal qualification of parties under contract or
otherwise that the Court cannot enforce Specific Performance of the contract;
3. A contract which is in nature is determinable;
4. A contract the performance of which involve continuous supervision by the Court and
the Court cannot or not able to give time for the same;
5. A contract in which a provision already exist that in case of dispute the same will be
decided through provisions of arbitration.
Contracts which cannot be specifically enforced
According to Section 14 of Specific Relief Act 1963, there are certain contracts which cannot
be specifically enforced and these are:
 Where compensation in money is an adequate relief: Here the court will not
order specific performance of contract as it is expected that the plaintiff will bank
upon the normal remedy for breach of contract i.e. remedy of compensation. For
example contract of mortgage of immovable property ( Rambai v. Khimji) [3],

contract of sale of goods (Bharat v. Nisarali ) [4], contract of repair of premises
etc.
 Where a contract runs into minutes or numerous detail: These contracts includes
contract which depends upon the personal qualification or the violation of the
parties or is of such nature that the court cannot enforce specific performance of its
material terms. In Robinson Davison [5], it was held by the court that the contract
to perform in concert depends upon the personal kill of defendant’s wife, and the
contract cannot be specifically enforced due to her illness. The other example is
construction contract where the detailed terms of contract are not explained.
 Contracts of determinable nature: Determinable contract means a contract which
can be determined or revoked or put to an end by a party to the contract. For
example in case of partnership at will any partner can retire by giving notice in
writing to other partners and can dissolve the firm.
 Contracts which involve the performance of continuous duty which court
cannot supervise: Earlier under Specific Relief act, 1877 the continuous duty
which court cannot supervise is considered over a period of 3 years which was
omitted under Specific Relief Act, 1963 and no time limit restricted for the
performance of a continuous duty. These include contract of appointment of
employees for continuous service or contract to execute sale deed every year.