L, a singer, agreed to sing at M's theatre for a certain period and not to sing anywhere else during that period. Afterward, L entered into a contract to sing at another theatre and refused to perform the contract with M

Section 14 of the Specific Relief Act, 1963 (SRA) lays down the provisions relating to contracts which cannot be specifically enforced. The following contracts cannot be specifically enforced, namely:- (a) where a party to the contract has obtained substituted performance of contract in accordance with the provisions of section 20; (b) a contract, the performance of which involves the performance of a continuous duty which the court cannot supervise; (c) a contract that is so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms; and (d) a contract that is in its nature determinable. Injunction to perform negative agreement Section 42 of SRA provides that notwithstanding anything contained in section 41(e) 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. It may be noted that the plaintiff has not failed to perform the contract so far as it is binding on him. There are two questions involved in the problem in given situation - Can M succeed for specific performance of the Contract? Can M succeed in getting injunctions restraining L to sing at any theatre? There are two parts to the agreement. Positive one on the part of L to perform at M's theatre and the negative one on the part of L not to perform at any theatre other than that of M. The court may in terms of section 42, prevent the breach of the negative part of the agreement i.e. not to sing at any other theatre by issuing a prohibitory injunction. However, obtaining specific performance of contract may not be possible due to section 14.