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Section 11: Cases in which specific performance of contracts connected with trusts enforceable

Specific Relief Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1963
Section 10 All 44 Sections of Specific Relief Act Section 12

Legal Commentary & Landmark Judgments: Section 11

Section 11 of the Specific Relief Act, 1963 governs the specific performance of contracts connected with trusts, mandating enforcement when the act agreed to be done is in performance of a trust, while strictly barring contracts made in breach of trust or in excess of powers.

  • Contracts in Performance of Trust Enforceable: Except as otherwise provided in this Act, specific performance of a contract shall be enforced when the act agreed to be done is in the performance wholly or partly of a trust.
  • Absolute Bar for Breach of Trust: Section 11(2): A contract made by a trustee in excess of their powers or in breach of trust cannot be specifically enforced.
  • Protection of Trust Beneficiaries: Guarantees that trust properties and public charitable endowments cannot be alienated through unauthorized or collusive trustee agreements.
Key Landmark Precedents:
  • Ganga-Bishan v. Jai-Narain, AIR 1986 SC 441: The Supreme Court held that an agreement to sell trust property entered into by a trustee without sanction of the court or in violation of the trust deed is void under Section 11(2) and cannot be specifically enforced.
  • Puran Chand v. State of U.P., (2010) 5 SCC 689: Affirmed that contracts in excess of trustee powers cannot bind the trust estate or beneficiaries.
Courtroom Practice & Strategic Litigation Guidance:

If defending against specific performance of a contract executed by a trustee or mutawalli, verify whether the trust deed or court sanction permitted alienation; if not, invoke Section 11(2) to secure an immediate dismissal of the suit.

Section 10 All 44 Sections of Specific Relief Act Section 12