Exceptions To Specific Performance Of A Contract

Introduction

A contract is a legally binding arrangement entered into by two or more parties. The parties to the contract are expected to adhere to their respective responsibilities and terms and conditions stated in the contract. Whenever there is breach of contract due to non-performance by either party to contract, the aggrieved party is entitled for monetary compensation or damages or specific relief under the provisions of the Specific Relief Act, 1963 (as may be amended from time to time) ("Act").

Specific Relief Act, 1963

Specific performance of contract means adherence to actual terms of the contract, which parties have mutually agreed. For example, if A agrees to sell a plot of land to B and after the payment made by B, if A refuses to sell the plot, then B through specific performance is entitled to recover the possession of that plot and not accept any other damages or compensation in lieu thereof¹. Section 10 of the Act states that the