Section 86
Execution Of Contract As Stipulated (specific Performance )
(1) In case the cash compensation paid in consideration of the actual loss or damage suffered by the aggrieved party as a result of breach of contract is not reasonable or adequate, the aggrieved party may demand the execution of the contract as stipulated specific performance instead of making a claim for compensation.
(2) Notwithstanding anything contained in Sub-section (1), no claims for execution of the contract as stipulated specific performance shall be heard in any of the following circumstances;
(a) In case the amount paid in cash as compensation for breach of contract is adequate;
(b) In case the court can not supervise whether or not the work to be performed under the contract has been actually performed;
(c) In case the contract has been signed for providing services relating to personal expertise, skill or knowledge;
(d) In case the situation is – such that the contract can not be executed as stipulated;
(e) In case the party violating the contract him/herself demands that the contract be executed as stipulated.
(2) Notwithstanding anything contained in Sub-section (1), no claims for execution of the contract as stipulated specific performance shall be heard in any of the following circumstances;
(a) In case the amount paid in cash as compensation for breach of contract is adequate;
(b) In case the court can not supervise whether or not the work to be performed under the contract has been actually performed;
(c) In case the contract has been signed for providing services relating to personal expertise, skill or knowledge;
(d) In case the situation is – such that the contract can not be executed as stipulated;
(e) In case the party violating the contract him/herself demands that the contract be executed as stipulated.