A contracts to sell B a piece of land consisting of 100 bighas. It turns out that 98 bighas of the land belongs to A and the two remaining bighas to a stranger, who refuses to part with them. B files the suit for specifi

The specific performance suit filed by B is maintainable , but with certain conditions and compensation. Section 12(2) of the Specific Relief Act, 1963 provides that where a party to a contract is unable to perform the whole of his part, but the part which must be left unperformed by only a small proportion to the whole in value and admit compensation in money, the Court may, at the suit of either party, direct the specific performance of so much of the contract as can be performed and award compensation in money for the deficiency. Application to the given case: A contracts to sell B a piece of land consisting of 100 bighas. It turns out that 98 bighas of the land belongs to A and the two remaining bighas to a stranger, who refuses to join with them. If the two bighas are not necessary for the use or enjoyment of the 98 bighas, nor so important for such use or enjoyment that the loss of them may not be made good in money, then: A may be directed at the suit of B to convey to B, the 98 bighas and to make compensation to him for not conveying the two remaining bighas. B may be directed at the suit of A, to pay to A, on receiving the conveyance and possession of the land, the stipulated purchase money less the sum awarded as compensation for the deficiency. Therefore, B's suit for specific performance is maintainable for the 98 bighas owned by A, and B will be entitled to compensation for the remaining 2 bighas that A cannot convey.