A promise to paint B’s portrait. Later A refuses. B files a suit for specific performance. Decide.

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Answer:

B cannot file a suit for specific performance against A.

 

As per Sec. 14 of the Specific Relief Act which reads that any contract, which requires the personal services of the defendant, cannot be of specific performance.

 

In Supratik Vs. Pasari Housing, (2001) 1 Cal LT (HC) 341, the Court held that it will not enforce contract of personal service specifically.

 

In People’s Union for Democratic Rights Vs. Union of India, AIR 1982 SC 1473, the Court held that it does not enforce a contract of personal service. Enforcement of contract of personal service amounts to a breach of Article 23 of the Constitution of India.

Last Updated On January 29, 2018
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