specific performance

Specific performance is governed by the Specific Relief Act, 1963. Before 2018 it was a discretionary remedy given mainly where damages were inadequate. The Specific Relief (Amendment) Act, 2018 changed Section 10: specific performance shall now be enforced, subject only to Sections 11(2), 14 and 16. The court no longer refuses it merely because damages would be adequate.

Contracts that still cannot be specifically enforced are listed in Section 14 (for example, where a party has obtained substituted performance, or contracts dependent on personal qualifications). Under Section 16(c), the plaintiff must prove that he has always been ready and willing to perform his part. Substituted performance is now available under Section 20.

Example

Since the seller refused to execute the sale deed, the buyer, who proved readiness and willingness, obtained a decree for specific performance.

In Indian law

• Sections 10, 14, 16 and 20, Specific Relief Act, 1963 (as amended in 2018)

See also

sale agreement · damages · injunction · breach of contract

Read more in the study notes

• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
• Jurisdiction of civil courts and suits of a civil nature (section 9) (Civil Procedure Code and Limitation Act)
• Place of suing (sections 15 to 21A) (Civil Procedure Code and Limitation Act)
• Parties to suits, joinder of causes of action and multifariousness (Orders I and II) (Civil Procedure Code and Limitation Act)
• Modes of execution: arrest and detention, attachment, and sale (Civil Procedure Code and Limitation Act)
• Interim orders: commissions, arrest and attachment before judgment, temporary injunctions and receivers (Civil Procedure Code and Limitation Act)