Vol. 12 · pages 296–300

277LAW OF SPECIFIC RELIEF (Earlier portion not found—ed.) **** Nature that the law permits its Specific Performance (ii) Where the Plaintiff is a person in whose favour Specific Performance can be granted. (iii) Where the Defendant is a person against whom Specific Performance might be granted. The question is : Is the Court bound to grant Specific Relief in such cases ? The answer to this question is contained in Sec. 22. (A) Section 22 lays down general rules—(1) It says that Specific Relief is discretionary. The Court may grant it or may refuse it. The Court is not bound to grant it merely because it is lawful. (2) The discretion of the Court is not arbitrary, sound and reasonable, guided by judicial principles. (B) Section 22 also specifies cases in which Court may exercise discretion not to grant Specific Performance and cases in which Court may excercise discretion to grant Specific Performance. Cases in which Court may exercise discretion not to grant Specific Performance (i) Where Specific Performance would give unfair advantage over the Defendant. (ii) Where Specific Performance would involve some hardship on the Defendant which he did not foresee and nonperformance would not involve such hardship on the Plaintiff. Cases in which Court may exercise discretion to grant Specific Performance Where the Plaintiff has done substantial acts or suffered losses in consequence of a contract capable of Specific Performance.

278 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Damages and Specific Performance Sections 19, 20, 29. Two remedies for breach. Are the mutually exclusive or are they complimentary ? Does one bar the other ? These are question which are considered in Sections 19, 20, 29. The rules contained in these three may be summarized as below : 19. (i) In the same suit, a Plaintiff can ask for both in addition or in substitution. (iii) In a suit where Court desides not to grant Specific Performance Court can grant Compensation to Plaintiff if entitled. (iv) If one suit Court may grant compensation in addition to Specific Performance if it comes to the conclusion to Specific Performance is not enough. 20. (v) The fact that liquidated damages have been agreed upon is no bar to Specific Performance. 29. (vi) If suit for Specific Performance is decreed, it will be a bar to a suit for damages. zz