Abdul Cader Abdeen v Abdul Careem Mohamed Thaheer

Subject Matter

CONTRACT — Ceylon — Specific performance — Contract — Land — Roman-Dutch law — Legal right to demand performance of contract — Overriding discretion of court to refuse — Right excluded by substituted obligation for damages.

ROMAN-DUTCH LAW — Specific performance — Whether absolute right — Distinction between Roman-Dutch and English law.

VENDOR AND PURCHASER — Specific performance — Contracting out of right — Clause in contract fixing liquidated damages for failure to complete.