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 a 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.