Suit for specific performance (Section 58):
Where the seller commits of breach of the contract of sale, the buyer can appeal to the court for specific performance. The court can order for specific performance only when the goods are ascertained or specific.
Example: ‘A’ agreed to sell a rare painting of Mughal period to ‘B’. But on the due date of delivery, ‘A’ refused to sell the same. In this case,‘B’ may file a suit against‘A’ for obtaining an order from the Court to compel‘A’ to perform the contract (i.e. to deliver the painting to‘B’ at the agreed price).
Example: ‘A’ agreed to sell a rare painting of Mughal period to ‘B’. But on the due date of delivery, ‘A’ refused to sell the same. In this case,‘B’ may file a suit against‘A’ for obtaining an order from the Court to compel‘A’ to perform the contract (i.e. to deliver the painting to‘B’ at the agreed price).
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