Introduction

In civil disputes, when one party fails to honour a contract, the other usually thinks of compensation in money. But in many cases, money alone cannot give justice. That’s where the remedy of Specific Performance comes in — where the court orders the defaulting party to actually fulfil their contractual obligation.

🔹 What is Specific Performance?

Specific performance is a legal remedy under the Specific Relief Act, 1963, where the court compels a party to perform their part of the contract instead of paying damages.

For example:

• If a seller refuses to transfer land after receiving payment, the buyer can ask the court to direct the seller to execute the sale deed.

🔹 When Can Specific Performance Be Claimed?

1. Property Transactions – Sale of land, houses, or flats.

2. Unique Goods – Rare items, antiques, or things not easily available in the market.

3. Family Settlements or Agreements – When breach affects rights in immovable property.

🔹 When Courts May Refuse Specific Performance

Courts do not order specific performance in every case. It can be denied if:

• The contract involves personal services (e.g., a contract to sing at an event).

• The contract is uncertain or unfair.

• The party seeking relief has not performed their own obligations.

• The claim is filed after a long delay (limitation period is usually 3 years).

🔹 Why Specific Performance is Important

• Protects buyers in property deals.

• Prevents unfair advantage by the defaulting party.

• Provides real justice instead of just money compensation.

🔹 Conclusion

If you are stuck in a property or business contract dispute, do not rely only on damages. Consult an advocate early to file for specific performance within the limitation period to protect your rights.