Suit for Specific Performance
lawbhoomi.com/suit-for-specific-performance/
June 17, 2025
A suit for specific performance is a valuable legal remedy under Indian contract law.
Unlike a regular claim for damages where the non-breaching party gets monetary
compensation, a suit for specific performance asks the court to direct the party who
breached the contract to actually perform their part of the agreement. This relief,
rooted in equity, is particularly useful when damages cannot truly compensate the
aggrieved party—for example, in cases involving unique or irreplaceable subject
matter like land or rare artwork.
The law relating to suits for specific performance is governed primarily by the
Specific Relief Act, 1963. This article explains the meaning, procedure, grounds,
limitations, and the role of the courts in granting this remedy.
What is Specific Performance?
Specific performance means the actual execution of a contract as per its agreed
terms. Instead of getting a sum of money, the aggrieved party is put in the position
they would have been in if the contract had been properly performed. This is not an
automatic right; rather, it is a discretionary relief granted by courts when justice
demands it.
Example: Suppose A agrees to sell a unique ancestral property to B. If A refuses to
transfer the property despite receiving payment, B can file a suit for specific
performance and request the court to compel A to complete the sale.
Legal Foundation: Specific Relief Act, 1963
Key Provisions
Sections 10–25 of the Act deal specifically with the law of specific
performance.
The Act sets out when specific performance can and cannot be granted.
Section 16 is crucial, as it states that the plaintiff must show that he has
performed or has always been ready and willing to perform his part of the
contract.
Principle of Equity
Specific performance is an equitable remedy. Courts consider not only the rights of
the parties but also fairness, conduct, and hardship. The remedy is generally granted
when monetary damages are not adequate or suitable.
When Can You File a Suit for Specific Performance?
Essential Elements
To succeed in a suit for specific performance, the following conditions are generally
required:
1. Valid and Enforceable Contract
There must be a lawful agreement with clear terms.
The contract must not be vague or uncertain.
2. Damages Must Be Inadequate
The subject matter is unique (e.g., real estate, rare items).
No clear way to calculate monetary loss.
3. Plaintiff’s Readiness and Willingness
The person filing the suit must have performed or be ready to perform
their contractual obligations (Section 16(c)).
They should not have defaulted on their part of the contract.
4. No Legal Bar
The contract must not be of the kind that cannot be specifically enforced
by law (e.g., contracts involving personal skill).
Contracts That Can Be Specifically Enforced
Not all contracts are eligible for specific performance. Generally, courts will grant this
remedy in the following cases:
Sale of Immovable Property: The most common example. Since every piece
of land is considered unique, damages are often inadequate.
Sale of Unique Movable Property: For instance, rare antiques, family
heirlooms, or items with sentimental value.
Contracts Connected with Trusts: If a trustee breaches the contract, the
beneficiary can ask for specific performance.
Contracts That Cannot Be Specifically Enforced
Section 14 of the Specific Relief Act, 1963 lays down contracts that cannot be
enforced specifically. These include:
Contracts Involving Personal Skill or Service: For example, an artist
painting a portrait.
Contracts Which Are Vague or Uncertain: If the terms are unclear, the court
cannot enforce them.
Contracts Involving Continuous Duty: Contracts requiring ongoing
supervision by the court.
Contracts That Are Illegal or Opposed to Public Policy: Such contracts are
void and unenforceable.
Procedure for Filing a Suit for Specific Performance
1. Drafting the Suit: State facts, relief sought, and readiness/willingness to
perform. Attach supporting documents such as the contract/agreement.
2. Jurisdiction: File in the appropriate civil court—usually where the property is
located or the defendant resides.
3. Limitation Period: Suit must be filed within three years from the date of
refusal or the fixed date for performance (as per the Limitation Act, 1963).
4. Notice to Defendant: Defendant is given an opportunity to present their
defence.
5. Evidence and Hearing: Both parties present their case, and the court
examines whether all statutory requirements are fulfilled.
Role of the Court: Discretion and Equity
The court’s power to grant specific performance is discretionary, not absolute. Key
considerations include:
Conduct of the Parties: If the plaintiff is at fault or has acted unfairly, the relief
may be refused.
Hardship: If enforcing the contract would cause undue hardship to the
defendant, the court may deny the relief.
Alternative Relief: If damages are adequate, the court may prefer awarding
compensation instead.
Delay or Laches: Unreasonable delay in approaching the court can weaken
the plaintiff’s case.
Section 16(c): Plaintiff’s Readiness and Willingness
This is a crucial requirement. The plaintiff must:
Plead and prove that they have performed or have always been ready to
perform their essential obligations.
This readiness must be continuous, from the date of the contract up to the date
of hearing.
Courts look at conduct, payments, correspondence, and steps taken by the
plaintiff.
Example: If B sues A for specific performance of a contract to buy land, but B cannot
show proof of arranging the money or taking steps to complete the transaction, the
court may dismiss the suit.
Imperfect Title and Part Performance
Imperfect Title: If the seller does not have a clear title but can acquire it, the
court may allow time to perfect the title.
Part Performance: Where a small part of the contract is left unperformed, and
compensation can be paid for it, the court may order specific performance for
the rest.
Defences Available to the Defendant
The defendant may resist a suit for specific performance on grounds such as:
The contract is void or voidable.
The plaintiff was not ready and willing to perform their part.
The agreement was obtained by fraud, coercion, or misrepresentation.
The plaintiff delayed unreasonably in filing the suit.
Decree and Execution
If the court is satisfied, it may pass a decree for specific performance, directing the
defendant to perform their contractual obligations. If the defendant does not comply,
the plaintiff can seek execution of the decree—sometimes by the court executing
documents or even delivering possession.
Compensation in Addition to or in Substitution for Specific
Performance
If the court feels that specific performance is not possible, but the plaintiff deserves
compensation, it may award damages instead. Sometimes, both reliefs are granted
together.
Conclusion
A suit for specific performance is a powerful remedy in Indian contract law. It ensures
that parties to a contract are not left helpless when monetary damages are
inadequate. However, it is not granted automatically. The party seeking this remedy
must fulfil strict requirements, especially readiness and willingness to perform their
part of the contract.
Courts exercise significant discretion, guided by fairness and equity. Parties should
be diligent, act quickly, and keep detailed records. If your case meets the necessary
legal criteria, a suit for specific performance can help you obtain what was rightfully
promised to you under the contract.
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