Specific Performance
/spəˈsɪfɪk pəˈfɔːrməns/
Legal Remedy
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Definition
A court order compelling a party to perform their contractual obligations as agreed, rather than paying damages. Granted when damages are inadequate — typically for immovable property contracts or unique goods. In India, governed by the Specific Relief Act, 1963. The 2018 Amendment changed specific performance from discretionary to a general rule, with limited exceptions.
Examples
Case Study
In Saradamani Kandappan v. S. Rajalakshmi (2011), the Supreme Court held that a plaintiff seeking specific performance must demonstrate readiness and willingness to perform throughout — from the date of contract to the date of decree.
Key Cases
Saradamani Kandappan v. S. Rajalakshmi
2011(2011) 12 SCC 18
Plaintiff must show continuous readiness and willingness to perform from contract date to decree. Failure disentitles the plaintiff to specific performance relief.
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