PERSONS FOR OR AGAINST WHOM CONTRACTS MAY BE SPECIFICALLY ENFORCED 15. Who may obtain specific performance. Except as otherwise provided by this Chapter, the specific performance of a contract may be obtained by- (a) any party thereto; (b) the representative in interest or the principal, of any party thereto: ProvidedKEEP READING
Section 16 of Specific Relief Act. (Updated) Personal bars to relief. Specific performance of a contract cannot be enforced in favour of a person- (a)* who has obtained substituted performance of contract under section 20; or (b) who has become incapable of performing, or violates any essential term of, theKEEP READING
17. Contract to sell or let property by one who has no title, not specifically enforceable. (1) A contract to sell or let any immovable property cannot be specifically enforced in favour of a vendor or lessor- (a) who, knowing not to have any title to the property, has contractedKEEP READING
18. Non-enforcement except with variation. Where a plaintiff seeks specific performance of a contract in writing, to which the defendant sets up a variation, the plaintiff cannot obtain the performance sought, except with the variation so set up, in the following cases, namely:- (a) where by fraud, mistake of factKEEP READING
Section 19 of Specific Relief Act. (Updated) Relief against parties and persons claiming under them by subsequent title. Except as otherwise provided by this Chapter, specific performance of a contract may be enforced against- (a) either party thereto; (b) any other person claiming under him by a title arising subsequentlyKEEP READING
Section 20B Specific Relief Act Special Courts. The State Government, in consultation with the Chief Justice of the High Court, shall designate, by notification published in the Official Gazette, one or more Civil Courts as Special Courts, within the local limits of the area to exercise jurisdiction and to tryKEEP READING
Substituted performance of contracts, etc. Section 20 of Specific Relief Act (Updated) Substituted performance of contract. (1) Without prejudice to the generality of the provisions contained in the Indian Contract Act, 1872 (9 of 1872), and, except as otherwise agreed upon by the parties, where the contract is broken dueKEEP READING
Section 21 Specific Relief Act (Updated) Power to award compensation in certain cases. (1) In a suit for specific performance of a contract, the plaintiff may also claim compensation for its breach, either in addition to* such performance. (*Amended in 2017) (2) If, in any such suit, the court decidesKEEP READING
22. Power to grant relief for possession, partition, refund of earnest money, etc. (1) Notwithstanding anything to the contrary contained in the Code of Civil Procedure, 1908, any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for-KEEP READING
Section 20C Specific Relief Act Expeditious disposal of suits. Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), a suit filed under the provisions of this Act shall be disposed of by the court within a period of twelve months from the date of service ofKEEP READING
Section 20A Specific Relief Act Special provisions for contract relating to infrastructure project. (1) No injunction shall be granted by a court in a suit under this Act involving a contract relating to an infrastructure project specified in the Schedule, where granting injunction would cause impediment or delay in theKEEP READING
23. Liquidation of damages not a bar to specific performance. (1) A contract, otherwise proper to be specifically enforced, may be so enforced, though a sum be named in it as the amount to be paid in case of its breach and the party in default is willing to payKEEP READING
24. Bar of suit for compensation for breach after dismissal of suit for specific performance. The dismissal of a suit for specific performance of a contract or part thereof shall bar the plaintiff’s right to sue for compensation for the breach of such contract or part, as the case mayKEEP READING
ENFORCEMENT OF AWARDS AND DIRECTIONS TO EXECUTE SETTLEMENTS 25. Application of preceding sections to certain awards and testamentary directions to execute settlements. The provisions of this Chapter as to contracts shall apply to awards to which the Arbitration and Conciliation Act, 1996*, does not apply and to directions in aKEEP READING
CHAPTER III – RECTIFICATION OF INSTRUMENTS 26. When instrument may be rectified. (1) When, through fraud or a mutual mistake of the parties, a contract or other instrument in writing [not being the articles of association of a company to which the Companies Act, 1956 (1 of 1956) applies] doesKEEP READING
CHAPTER IV – RESCISSION OF CONTRACTS 27. Where rescission may be adjudged or refused. (1) Any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged by the court in any of the following cases, namely- (a) where the contract is voidable orKEEP READING
