Abhinav contracts with Manoj that he will paint his house located in Azad Nagar within a month and during that time he will not take any other painting job in other premises. But Abhinav breaches the contract. Manoj file

Section 14 of the Specific Relief Act, 1963 inter alia provides that a contract which is so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms or a contract, the performance of which involves the performance of a continuous duty which the court cannot supervise, cannot be specifically enforced. In view of the above, Manoj will not succeed in seeking decree for specific performance of contract against Abhinav as contract of painting is a contract of personal nature which depends on personal qualification of Abhinav. In the given situation contract entered into between Manoj and Abhinav have two stipulations one is positive stipulation that he will paint his house in a month, and another is negative stipulation that he will not accept any other painting job elsewhere. Here, though, Positive stipulation cannot be specifically enforced but negative stipulation can be enforced by taking injunction The differences between Injunction and Specific Performance are as under: Specific Performance Injunction It is decreed to compel the performance of an active duty It is decreed to prevent the violation of negative duty It is enforced when the act agreed to be done is in the performance wholly or partly of a trust Injunction granted as a preventive relief i.e. preventing a party from doing that which he is under an obligation not to do. Normally, it deals with contracts It deals not only with contracts but also with torts and other subjects of equitable nature If a contract is of positive in its nature, it calls for the relief of specific performance If a contract is negative in its nature, it calls for the relief of injunction