Compensation in a case for specific performance
In a suit for specific performance of a contract, the plaintiff may also claim compensation for its breach in addition to such performance. If, in any such suit, the court decides that specific performance ought not to be granted, but that there is a contract between the parties which has been broken by the defendant, and that the plaintiff is entitled to compensation for that breach, it shall award him such compensation accordingly.
How is compensation in a case for specific performance determined?
In determining the amount to beawarded under this section, the court shall be guided by the principles specified in section 73 of the Indian Contract Act, 1872.
Can compensation be granted in a case for specific performance if it is not claimed?
No compensation shall be awarded in a case for specific performance unless the plaintiff has claimed it in his plaint. However, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just, for including a claim for such compensation.
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