A. Specific Relief Act, 1963 (47 of 1963), Section 12 -- Severability of contract – Performance of part of contract -- While adjudicating suits, or when examining the validity of agreements or contracts, the Courts generally have the power to sever the invalid portion of an agreement from its valid portion and give effect to the latter -- No bar on the application of the doctrine of severability in suits for specific performance, however, this power must be exercised with great caution and only in exceptional cases -- Court cannot remove the essential part of an agreement or the very object for which it was executed -- While exercising such power, the Courts must refrain from re-writing or re-constructing the agreement between the parties to make it work.

(Para 20-22)

B. Specific Relief Act, 1963 (47 of 1963), Section 12 -- Severability of contract – Performance of part of contract -- Agreement for construction of eight flats – Agreement was contrary to law and therefore unenforceable – Trial Court applied Section 12 of the Specific Relief Act, directing transfer of the ‘rights over the land’ to the Plaintiff, subject to compliance with the Building Regulations limiting construction to three flats -- Held, Trial Court was not justified in reworking the agreement to make it enforceable by removing its essential object-namely, the construction of eight flats on the subject land -- Trial Court re-wrote the agreement, which it could not have done since the very essence of the agreement was the construction of eight flats -- Respondent is a public sector bank and it is not expected from the State or its instrumentalities to enter into camouflage agreements and especially where the object of the agreement would result in law being violated – Suit dismissed.

(Para 19, 24-27)