Question

Under the provisions of The Specific Relief Act, 1963, when a part of a contract which, taken by itself, can and ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specifically performed, then:-

A The court may not direct the specific performance of the former part. Correct Answer Incorrect Answer
B It will be the discretion of the court to direct or not to direct the specific performance of the former part. Correct Answer Incorrect Answer
C The court may direct the specific performance of the former part. Correct Answer Incorrect Answer
D None of the above option. Correct Answer Incorrect Answer

Solution

Section 12- Specific performance of part of contract (4) When a part of a contract which, taken by itself, can and ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specifically performed, the court may direct specific performance of the former part. 

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