(1) Except as otherwise provided in this section, the court shall not direct the specific performance of a part of a contract.
(2) Where a party to a contract is unable to perform the whole of his part of it, but the part which must be left unperformed bears only a small proportion to the whole in value and admits of 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.
(3) Where a party to a contract is unable to perform the whole of his part of it, and the part which must be left unperformed either—
(a) forms a considerable part of the whole, though admitting of compensation in money; or
(b) does not admit of compensation in money,
he is not entitled to obtain a decree for specific performance;
but the court may, at the suit of the other party, direct the party in default to perform specifically so much of his part of the contract as he can perform, if the other party—
(i) in a case falling under clause (a), pays or has paid the agreed consideration for the whole of the contract reduced by the consideration for the part which must be left unperformed and in a case falling under clause (b), pays or has paid the consideration for the whole of the contract without any abatement; and
(ii) in either case, relinquishes all claims to the performance of the remaining part of the contract and all right to compensation, either for the deficiency or for the loss or damage sustained by him through the default of the defendant.
Legal Commentary & Landmark Judgments: Section 12
Section 12 of the Specific Relief Act, 1963 governs the specific performance of part of a contract, establishing the general prohibition against partial enforcement and prescribing strict statutory exceptions.
Sub-section (3) addresses situations where the unperformed part is considerable or does not admit of monetary compensation: the purchaser can obtain specific performance of the performing part only if they pay the full agreed consideration, relinquish all claims to the unperformed part, and abandon all rights to compensation for deficiency or loss. Sub-section (4) permits partial performance where a contract contains separate, independent, and severable parts.
Section 12(3) is frequently invoked in joint family property alienations where some coparceners refuse to execute the deed. A purchaser who wishes to acquire the executing vendor's undivided share must explicitly plead relinquishment in the plaint and tender the entire contractual purchase price.