The Common Law in India - College of Social Sciences and ...

Civil Law 93the non-performance of a contract, or where pecuniarycompensation for the non-performance of the contractwould not afford adequate relief or when pecuniarycompensation cannot be got for the non-performanceof the act agreed to be done. 61An important feature of the Act is the remedywhich it provides for the recovery of possession ofspecific immovable property by the person entitled toit which is somewhat akin to the common law actionin ejectment and that by a person dispossessed whichresembles the old English assize of " novel disseisen."In so far as the Act provides for the recovery ofspecific movable property it would seem to embodythe common law doctrine of detinue. 62The chapter dealing with the enforcement of publicduties enacts some of the provisions of the commonlaw relating to the prerogative writ of mandamus. 63SPECIFIC PERFORMANCE OF PART OF CONTRACTThe general rule as to ordering specific performanceof part of contract was stated by Lord Romilly M.R.:" This court cannot specifically perform the contractpiecemeal, but it must be performed in its entirety ifperformed at all." M The Act incorporates this ruleand lays down that the court shall not direct thespecific performance of a part of a contract exceptin certain specified cases. 65 The court may, at the«i Ibid., s. 12.•* Ibid., SB. 8, 9 and 10; Woodroffe, The Law Relating to Injunctions,3rd ed., p. 11.« Specific Belief Act, as. 45-51.** Merchants' Trading Co. v. Banner (1871) 12 Eq. 18, at p. 2a• 5 Specific Belief Act, s. 17.