11. Cases in which specific performance of contracts connected with trusts enforceable.—(1) Except as otherwise provided in this Act, specific performance of a 1[contract shall], be enforced when the act agreed to be done is in the performance wholly or partly of a trust.
(2) A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced.
Amendment notes
- Subs. by Act 18 of 2018, s. 4, for “contract may, in the discretion of the court” (w.e.f. 1-10-2018).
Text of the Specific Relief Act, 1963 (Act No. 47 of 1963), as amended up to the Specific Relief (Amendment) Act, 2018. Source: India Code, Government of India.
Under sub-section (1), and except as otherwise provided, the court enforces specific performance of a contract. This applies when the act agreed to be done is, wholly or partly, the performance of a trust. Under sub-section (2), a contract made by a trustee in excess of his powers, or in breach of trust, cannot be specifically enforced. The 2018 amendment replaced the words "contract may, in the discretion of the court" in sub-section (1) with "contract shall".
