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Section 23: Liquidation of damages not a bar to specific performance.

The Specific Relief Act, 1963Central Act · Act 47 of 1963

(1) A contract, otherwise proper to be specifically enforced, may be so enforced, though a sum be named in itas the amount to be paid in case of its breach and the party in default is willing to pay the same, if the court, having regard to the terms of the contract and other attending circumstances, is satisfied that the sum was named only for the purpose of securing performance of the contract and not for the purpose of giving to the party in default an option of paying money in lieu of specific performance.

(2) When enforcing specific performance under this section, the court shall not also decree payment of the sum so named in the contract.

Where this provision sits

ActThe Specific Relief Act, 1963
Section23
Marginal noteLiquidation of damages not a bar to specific performance.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it1

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