THE SPECIFIC RELIEF ACT, 1877
(I OF 1877)
CHAPTER
X
OF
PERPETUAL INJUNCTIONS
57.
Injunction to perform negative agreement. Notwithstanding Section 56, clause
(f), where a contract comprises an affirmative agreement to do a certain act, coupled
with a negative agreement, express or implied not to do a certain act, the
circumstance that the Court is unable to compel specific performance of the
affirmative agreement shall not preclude it from granting an injunction to
perform the negative agreement; provided that the applicant has but failed to
perform the contract so far as it is binding on him.
(a) A,
contracts to sell to B for Rs. 1,000 the goodwill of
a certain business unconnected with business premises, and further agrees not
to carry on that business in Karachi. B, pays A, the Rs.
1,00 but A, carries on the business in 1[
obtain an injunction restraining A , from carrying oil the
business is '[
(b) A,
contracts to sell to B the goodwill of a business. A then sets up a similar
business close by B's shop and, solicit his old customers to deal with him.
This is contrary to his implied contract, and B may obtain an injunction to
restrain A, from soliciting the customers, and from doing any act whereby their
goodwill may be withdrawn from B.
(c) A,
contracts with ii to sing for twelve months at B's theatre and not to sing in
public elsewhere. B, cannot obtain specific
performance of the contract to sing, but lie is entitled to air injunction
restraining B, from singing at another place of public entertainment.
(d) B
contracts with A that he will serve him faithfully for twelve months as a
clerk. A is not entitled to a decree for specific performance of this contract.
But he is entitled to an injunction restraining B from serving a rival house as
clerk.
(e) A
contracts with 13 that, in consideration of Rs. 1,000
to be paid to him by B on a day fixed; he will not set up a certain business
within a specified distance. B fails to pay the money. A cannot be restrained
from carrying on the business within the specified distance.
SCHEDULE
Enforcement
Repealed. (Repealed by the Amending Act, 1891 (X11 of 1891)].