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Weighing your request
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
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 — the first consultation is free.