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Quick Answer
Specific performance is sought where damages would be inadequate — typically immovable-property contracts and unique-goods contracts. The Specific Relief (Amendment) Act 2018 reversed the prior position making damages the primary remedy; specific performance is now the rule. Section 14 lists contracts where specific performance is not granted (personal-service contracts, indeterminate contracts, contracts requiring continuous supervision). Section 16 lists bars (plaintiff's own breach, hardship to defendant). Relief is discretionary but the discretion is structured by statute.
Statutory reference
Specific Relief Act 1963
Specific performance is the standard remedy when a seller of immovable property backs out — since the 2018 amendment to the Specific Relief Act, it is the rule rather than the discretionary exception, and courts must grant it unless a statutory bar applies. The buyer's case is won on readiness and willingness: pleading and proving that they were at all times ready to pay and perform, backed by bank statements, loan sanction letters, and written demands to complete the sale. Limitation is three years. The suit is filed where the property is situated, almost always with an interim injunction restraining the seller from creating third-party rights — and a notice of lis pendens so any purchaser during the suit takes subject to the outcome. Damages remain the fallback where performance has become impossible.
Worked example
A Pune buyer signs an agreement to purchase a flat for ₹90 lakh, pays ₹20 lakh earnest, and obtains a loan sanction for the balance. As prices rise, the seller stops responding and negotiates with another buyer at ₹1.1 crore. The buyer's lawyer sends a completion notice, then sues for specific performance with an urgent injunction against third-party sale — granted in the first fortnight. At trial, the earnest receipt, loan sanction and notices prove continuous readiness and willingness. The court decrees specific performance at the contract price; the seller executes the sale deed through the court's machinery when he refuses to sign voluntarily.
Related practice areas
Equitable remedy under the Specific Relief Act 1963 compelling actual performance of a contract rather than damages. Post-2018 amendment, specific performance is the rule rather than the exception.
Specific Performance is governed by Specific Relief Act 1963. Specific performance is sought where damages would be inadequate — typically immovable-property contracts and unique-goods contracts. The Specific Relief (Amendment) Act 2018 reversed the prior position making damages the primary remedy; specific performance is now the rule. Section 14 lists contracts where specific performance is not granted (personal-service contracts, indeterminate contracts, contracts requiring continuous supervision). Section 16 lists bars (plaintiff's own breach, hardship to defendant). Relief is discretionary but the discretion is structured by statute.
Specific Performance falls under Civil Law, Property & Real Estate. NyaySevak matches you with a Bar-Council-verified advocate in the relevant practice area — your first step is a free case assessment with no obligation.
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