CONTRACT WHICH CAN BE SPECIFICALLY ENFORCED: AN

ANALYTICAL STUDY

Submitted by

Nilim Sarma

UID: SM0117034

Faculty-in-Charge

Ms. Monmi Gohain

National Law University, Assam

1
CONTENTS:

1. Introduction………………………………………………………………..3-4
1.1. Literature Review……………………………………………………..5
1.2. Scope and Objectives…………………………………………………5
1.3. Research Questions…………………………………………………...6
1.4. Research Methodology………………………………………………..6
2. What is Contract and Specific performance?...............................................7
3. Contracts which may be Specifically Enforced…………………………..8-11
3.1. Monetary compensation not adequate relief…………… .....................11
3.2. Conditions for applicability of Section 10…………………….............11-12
3.3. When can specific performance of a contract be enforced?..................12
3.4. Role of Equity in specific performance of contracts…………………..12
3.5. Doctrine of Mutuality…………………………………………………..12-13
3.6. Doctrine of promissory estoppel……………………………………......13-14
4. Other Relevant Acts
4.1. Section 11………………………………………………………………15
4.2. Section 12……………………………….………………………………15-17
5. Conclusion …………………………………………………………………18
Bibliography…………………………………………………………………….19

2
 CHAPTER – 1

INTRODUCTION

The Specific Relief Act was enacted in 1877. Initially the Act was drafted upon the lines of
the Draft, New York Civil Code, 1862, and its main provisions embodied the doctrines
evolved by the English Equity Courts. The Specific Relief Act, 1963 is the outcome of the
acceptance by the Central Government on the recommendations made by the Law
Commission of India. A bill to repeal the Act of 1877 was introduced in Lok Sabha and was
passed by the both the houses of Parliament and on 13th December, 1963 the President
assented to the same.1

The Specific Relief Act provides for specific reliefs. Specific relief means relief of certain
species, i.e. an exact or particular, a named, fixed or determined relief. The term is generally
understood and providing relief of a specific kind rather than a general relief or damages or
compensation. It is a remedy which aims at the exact fulfilment of an obligation or specific
performance of the contract. For instance if somebody unlawfully dispossesses someone of
his property, the general relief may be requiring the defendant to pay the other party
compensation equivalent to the loss suffered by him due to dispossession. Specific relief may
enable to have the possession of the same property over again by requiring the defendant to
restore possession of the property. Specific performance is generally granted when there exist
no standard for ascertaining actual damages, for instance the object of the sale is picture by
the dead painter, or where compensation in money will not provide adequate relief to the
plaintiff.

Section 10 of the Act provides the conditions where the specific performance of contract is
enforceable. According to the section the specific performance of any contract may, in the
discretion of the court, be enforced when there exists no standard for ascertaining the actual
damage caused by the non-performance of the act agreed to be done or when the act agreed to
be done is such that compensation in money for its non-performance would not afford
adequate relief. The explanation to the section states that the court in case of immovable
property shall presume that the breach of a contract to transfer immovable property cannot be
adequately relieved by compensation in money; and that the breach of a contract to transfer
movable property can be so relieved except in the following cases:-

1
Contracts which may be specifically enforced, retrieved from < https://www.lawteacher.net/free-law-
essays/contract-law/contracts-which-may-be-specifically-enforced-contract-law-essay.php>

3
(a) Where the property is not an ordinary article of commerce, or is of special value or
interest to the plaintiff, or consists of goods which are not easily obtainable in the market;

(b) Where the property is held by the defendant as the agent or trustee of the plaintiff.2

The Constitution Bench in the case of Chand Rani v. Kamal Rani, held that in the case of sale
of immovable properly there is no presumption as to time being the essence of the contract.
The Explanation 1 to Section 10 which states that unless and until the contrary is proved, the
Court shall presume that the breach of a contract to transfer immovable property cannot be
adequately relieved by compensated in money, and that the breach of a contract to transfer
movable property can be thus relieved. Even if it is not of the essence of the contract, the
Court may infer that it is to be performed in a reasonable time if the conditions are:

(1) From the express terms of the contract; (2) from the nature of the property; and (3) from
the surrounding circumstances, for example, the object of making the contract". In other
words the Court should look at all the relevant circumstances including the time-limit(s)
specified in the agreement and determine whether its discretion to grant specific performance
should be exercised. It is therefore evident that there is legal presumption, although
rebuttable, that breach of a contract to transfer immovable property cannot be adequately
compensated in money. Consequently once a contract to transfer immovable property is
proved, the rule should be grant of specific performance and denial of the same may be an
exception. It must also be said that it would be burden of defendants to demonstrate that the
breach can be adequately compensated.3

2
ibid
3
ibid

4
 1.1. LITERATURE REVIEW

Avtar Singh, Contract and Specific Relief, Twelfth edition, Eastern Book Company,
Lucknow, India, 2017
This books is of an immense help to the researcher in understanding the various illustrations
to the different Acts under the Indian Contract Act, 1872 and the Specific Relief Act of 1963.
The first part of this book contain the Acts of the Indian Contract Act, 1872 with illustrations
and cases relevant to the act. The second part of this book contains the Acts under the
Specific Relief Act 1963 with their illustrations, examples and many cases relevant to the
specific Act. The book incorporates an order, a glossary of key terms and arrangement for
further perusing, will be the principal stop for the individuals who wish to comprehend and
understands the Acts under the book.

Y. Srinivasa Rao, Law on Specific Performance of Contract, Articles on Law, 22 October

2013.
This article covers topic of Law on Specific Performance of Contract. This article is useful
and beneficial for the researcher in understanding the commentary on many case laws. The
article maintains an accuracy which make it easier for the researcher to understand the
different illustrations cited in the article.

1.2. SCOPE AND OBJECTIVE:

With the existing legal system there has been many laws implemented in India for better
living conditions of its citizens. These laws are applicable to every citizen equally without
any discrimination. In order to understand and analyse the Acts in which Contracts can
specifically be enforced, this study has been restricted in its scope to viz., What is contracts
and specific performance?, Contracts which may be specifically enforced, and other relevant
Acts apart from Section 10 of the Specific Relief Act, 1963.

The objective of this Research are-

1. To understand the meaning of Contract and Specific Performance.

2. To analyse contracts which may be specifically enforced under the Specific Relief
Act, 1963.
3. To analyse the different doctrines in Specific Performances of Contracts.
4. To study the different Acts relevant to Section 10 of the Specific Relief Act, 1963.

5
 1.3. RESEARCH QUESTIONS:
1. What do you understand by the term Contract and Specific Performance?
2. Discuss in detailed the Section 10 under the Specific Relief Act of 1963?
3. What are the different doctrines which can be applied to Section 10 of the Specific
Relief Act, 1963?
4. What are the other Acts relevant to Section 10 of the Specific Relief Act, 1963?

1.4. RESEARCH METHODOLOGY:

The methodology used for this research is doctrinal as sources collected were library
based. Being doctrinal in nature, a hypothesis was not formulated. Secondary data in the
form of articles, web excerpts, and available books were heavily relied upon in an
attempt to arrive at plausible, explanatory answers. Primary data was not collected. This
paper can be used as a future reference and is binding and complete.

6
 CHAPTER- 2
WHAT IS CONTRACT AND SPECIFIC PERFORMANCE?
A contract is an agreement upon sufficient consideration to do or not to do a particular act.
The party on whom this contractual obligations rests must not fails to discharge such
obligation. In case of his failure, the other party will have a right sue for performance of the
contract. This is called ‘Specific Performance’. Orders of specific performance are granted
when damages are not an adequate remedy, and in some specific cases such as land sale.
Such orders are discretionary, as with all equitable remedies, so the availability of this
remedy will depend on whether it is appropriate in the circumstances of the case. Under
current law, courts grant specific performance when they perceive that damages will be
inadequate compensation. Specific performances is regarded as an extraordinary remedy,
awarded at the court’s discretion.4

According to Halsbury Specific performance is “an equitable relief given by the Courts in
cases of breach of contract, in the form of a judgement that the defendant do actually perform
the contract according to its terms and stipulation."5

According to Pomeroy defines it as consisting in the contracting party’s exact fulfilment of

obligation which he has assumed- in his doing or omitting the very act which he has
undertaken to do or omit.6

The subject of Specific performance is dealt in Part III, Chapter IX of the Specific Relief Act,
1963 which may be classified under the following heads:-

A. Contracts which may be specifically enforced;

B. Contracts which cannot be specifically enforced;

C. Parties to an action for specific performance.7

CHAPTER- 3
4
Y. Srinivasa Rao, Law on Specific Performance of Contract, Articles on Law, 22 October 2013.
5
ibid
6
ibid
7
ibid

7
 CONTRACTS WHICH MAY BE SPECIFICALLY ENFORCED

Section 10 of the specific Relief Act 1963 specifies the conditions in which a contract can be
specifically enforced.

Cases in which specific performances of contract enforceable.—Except as otherwise

provided in this chapter, the specific performance of any contract may, in the discretion of the
Court, be enforced—

(a) When there exists no standard for ascertaining the actual damage caused by the non-
performance of the act agreed to be done; or
(b) When the act agreed to be done is such that compensation in money, for its non-
performance would not afford adequate relief.
Explanation. — Unless and until the contrary is proved, the Court shall presume—
(i) That the breach of a contract to transfer immovable property cannot be
adequately relieved by compensation in money; and
(ii) That the breach of a contract to transfer movable property can be so relieved
except in the following cases—
(a) Where the property is not an ordinary article of commerce, or is of special
value or interest to the plaintiff or consists of goods which are not easily
obtainable in the market.
(b) Where the property is held by the defendant as the agent or trustee of the
plaintiff.8

Clauses (a) and (b) of this section corresponds with clauses (b) and (c) of section 12 of the
repealed Specific Relief Act, 1877. The relevant illustrations appended to the provision in
that Act may be reproduces:

Illustration as to clause (a).—A agrees to buy and B agrees to sell, a picture by a dead painter
and two rare China vases. A compel B specifically to perform this contract, for there is no
standard for ascertaining the actual damage that would be caused by its non-performance.
[Based on Fackle v Gray, (1859) 4 Drew 651: 113 RR 493.]9

Illustration as to clause (b).—(1) A contracts with B to sell him a house for Rd 1000. B is
entitled to a decree directing A to convey the house to him, he paying the purchase-money.

8
Specific Relief Act, 1963, BARE ACT, Professional Book Publishers.
9
Avtar Singh, Contract and Specific Relief, Twelfth edition, Eastern Book Company, Lucknow, India, 2017

8
(2) in consideration of being released from certain obligations imposed on it by its Acts of
Incorporation, a railway company contracts with Z to make an archway through their railway
to connect lands of Z severed by the railway, to construct a road between certain specified
points, to pay certain annual sum towards the maintenance of this road, and also to construct
a siding and a wharf as specified in the contract. Z is entitled to have this contract specifically
enforced, for his interest in its performance cannot be adequately compensated for by money;
and the court may appoint a proper person to superintend the construction of the archway,
road, siding and wharf. [Storer v Great Western Rly Co, (1842)].10

(3) A contracts to sell, and B contracts to buy certain number of railway-shares of a particular
description. A refuses to complete the sale. B may compel A specifically to perform this
agreement, for the shares are limited in number and not always to be had in the market, and
their possession carriers with it the status of a shareholder, which cannot otherwise be
procured.11

(4) A contracts with B to paint a picture for B, who agrees to pay therefore Rs1000. The
picture is painted. B is entitled to have it delivered to him in payment or tender of Rs1000.12

The   general   principles   regarding   specific   performance   of   a contract may be noted:

(i) Specific performance will not be granted where damages are an adequate remedy.
(ii) To grant specific performance of a contract is at the discretion of the Court.
(iii) The plaintiff must prove the following:
(a) That there was a concluded and valid contract 
between himself and the defendant;
(b) That he had performed, or was ready and willing 
to perform, the terms of the contract on his part; 
(c) That he was ready and willing to do all matters
and things on his part thereafter to be done.13

From these provisions of Section 10, it appears that specific performance can be granted
when there is no standard for ascertaining actual damage or when monetary compensation for
ascertaining actual damage or when monetary compensation for non-performance of the
agreement is found to be adequate. What is unfolded from Section 10 is, that specific
10
ibid
11
ibid
12
ibid
13
Specific Performance of contract with reference to the provisions of Chapter II of the Specific Relief Act,
1963, SUBJECT OF THE THIRD WORKSHOP, District Court, Sindhudurg- Oros.

9
performance should be considered in cases where it is difficult to ascertain loss in monetary
terms. As a natural corollary, when non-performance of the agreement can be adequately
compensated in terms of money, the Court should not exercise appended to the Section
makes it clear that whenever there is breach of contract with regard to transfer of immovable
property, unless and until the contrary is proved, the Court should presume that monetary
compensation cannot be adequate for breach of contract to transfer immoveable property.
Same principle is applicable in case of moveable property if moveable property is of such a
nature which is of special interest or value and which cannot be substituted by
another moveable property.14

The remedy of Specific performance being an equitable remedy is at the discretion of the
Court. But in the exercise of this discretion, the Court is governed by certain principles. The
circumstances in which specific performance may be granted are enumerated in Section 10 of
the very Act.15

Section 10 providers for specific performance of contract in those cases where there is no
standard for ascertaining damages or where the money cannot form adequate relief for the
non-performance. Further enforcement of the specific performance is at discretion of the
court and no one claim it as a matter of right.16

Banwari Lal Agarwala v. Ram Swarup Agarwala [2] it was held that the plaintiff tenant was
entitled to a decree of specific performance contract under Section 10 of Specific Relief Act.
Where from some special or practical features or incidents of the contract either in its subject-
matter, or in its terms or in the relations of the parties, it is impossible to arrive at a legal
measure of damages at all, or at least with any sufficient degree of certainty so that not real
compensation can be obtained by means of action at law, the contract will be enforced in
specie.17

Nivarti Govind Ingale vs R B Patil 1997 SCC - A woman took a loan from a relative and
executed a deed of sale in favour of the relative's minor son with an agreement of re-
conveyance at the repayment of loan. This contract was held to be specifically enforceable.
The relative had sold the property off to a buyer. This decree was allowed to be enforced
against such buyer also.18
14
ibid
15
ibid
16
ibid
17
Retrieved from < http://hanumant.com/SpecificPerformance.html>
18
ibid

10
M S Madhusoodhanan vs Kerala Kaumudi Pvt. Ltd. 2003 SCC - Shares of a private company
were held to be goods of such a nature as are not easily obtainable in the market. Thus, SC
allowed specific performance to be granted in such cases.19

3.1. Monetary compensation not adequate relief:

The specific performance will also be granted when compensation in money is not adequate
relief in facts and circumstances of case. Damages may be considered to be an inadequate
remedy if it is difficult to quantify them. In Jainarain v. Surajmal it was held that where
shares are limited in number and are not ordinarily available in the market, it is quite proper
to grant decree for specific performance of contract of sale of such shares. In Ram Karan V.
Govind Lal, there was an agreement for the sale of agricultural land. The buyer had paid full
sale consideration to the seller, but the seller even then avoided executing the sale deed as per
the agreement. The buyer brought an action for the specific performance of the contract. It
was held that the case is covered under Section 10(b) of the act.20

3.2. Conditions for Applicability of Section 10:

The suit must relate to the specific performance of contract; The case must fall within any of
the Clauses (a) and (b);The case must in the discretion of the court, be fit one to warrant
specific performance; and The case must not fall within any of the Section of Chapter II
which prohibits specific performance.

Explanation to Section 10 carries presumption in favour of plaintiff and declares that it

should be presumed that compensation does not afford adequate relief in following cases:

In all cases where the contract is for the transfer of immovable property.

In case of movable property where:

a) The property is not an ordinary article but an article of special value or of special interest
to plaintiff.

b) The article is not easily obtainable in the market.

c) The property is held by the defendant as an agent or trustee of the plaintiff.

However these presumptions canbe rebutted by the defendant by proving the contrary.21
19
ibid
20
Contracts which may be specifically enforced, retrieved from < https://www.lawteacher.net/free-law-
essays/contract-law/contracts-which-may-be-specifically-enforced-contract-law-essay.php>
21
Lawyers Club, Specific relief Act, 1963, Published in Civil Laws, India

11
3.3. When can specific performance of a contract be enforced?

According to section 10 of the Act, the specific performance of contract can be enforced in
the following cases:-

1. If there exists no standard for ascertaining the actual damage caused by the non-
performance of the act which agreed to be done.

2. When pecuniary compensation for its non-performance would not afford adequate relief.

3. When it is probable that pecuniary compensation cannot be got for the non-performance of
the act agreed to be done.22

3.4. Role of Equity in Specific Performance of Contracts:

The action of the other party on the promise is the cause of action from which the damages
can be claimed because the promisor is not allowed to revert on his assurance based on which
the promisee has changed his legal position. The new relationship had been introduced by the
promisor and in no point of law can there be question of any consideration as it is too rigid to
be applied in order to restitute somebody for the action upon mere promises. But even it can
never be said that the doctrine of consideration does not play any part, as many a times it
forms a part of the cause of action itself.23

3.5. Doctrine of Mutuality:

No person can sue for specific performance if he cannot be sued for it, whether because he is
minor or for any other reason. The contract to be specifically enforced must be mutual. The
doctrine of mutuality means the contract must be mutually enforceable by each party against
the other. It does not however mean that for every right there must be corresponding clause.
A contact may contain series of clauses and covenants which form the total bargain between
the parties and each of them is the consideration for the other. Mutuality in this context dos
not mean equality and exact arithmetical correspondence. It means each party to the contract
must have the freedom to enforce his right under the contract against each other. The doctrine
of mutuality though a technical on is founded on common sense and amounts to this that the

22
Law on Specific Performance of Contract, retrieved from <www.latestlaws.in>
23
Contracts which may be specifically enforced, retrieved from < https://www.lawteacher.net/free-law-
essays/contract-law/contracts-which-may-be-specifically-enforced-contract-law-essay.php>

12
party to the contract should not be bound to that contract, when he could not enforce it
against the other. In India the contract by a minor himself is absolutely void.24

3.6. Doctrine of promissory estoppel: 

The true principle of promissory estoppel seems to be that where one party had by his words
or conduct made to other a clear and unequivocal promise which is intended to create legal
relations or affects a legal relationship to arise in the future knowing or intending that, it
would be acted upon by the other party to whom the promise is made and it is in fact so acted
upon by the other party to whom the promise is made and it is in fact so acted upon by the
other party, the promise would be binding on the party making it and he would not be entitled
to go back upon it, if it would be inequitable to allow him to do so having regard to the
dealings which have taken place between the parties, and this would be so irrespective of
whether there is any pre-existing relationship between the parties or not.25

Equitable contract remedies offer a judge an array of choices. Rescission discharges all
parties to a contract from the obligations of the contract. The remedy of rescission restores
the parties to the positions they held before the formation of the contract. Restitution is an
order directing one party to give back something she or he should not be allowed to keep.
These two remedies may be sought together. For example, if a buyer purchases an antique
piano on credit and later discovers it is a fake, the buyer may sue for rescission and
restitution. Under such a dual remedy, the buyer would return the piano to the seller, and the
seller would return any payments made by the buyer.26

Reformation is an equitable way to remedy a contractual mistake. Suppose, for example, that
a buyer agrees to order 5,000 units of a product but mistakenly signs a contract ordering the
shipment of 50,000 units. If the seller refuses to provide fewer than 50,000 units and demands
payment for 50,000, the buyer may sue the seller for reformation of the contract. In such a
case, the court may change the terms of the contract to reflect the amount of product actually
agreed upon.27

Equitable relief has long been considered an extraordinary remedy, an exception to the
general rule of money damages. Modern courts still invoke the rule that equitable relief is

24
Lawyers Club, Specific relief Act, 1963, Published in Civil Laws, India.
25
Specific Performance of contract with reference to the provisions of Chapter II of the Specific Relief Act,
1963, SUBJECT OF THE THIRD WORKSHOP, District Court, Sindhudurg- Oros.
26
ibid
27
Contracts which may be specifically enforced, retrieved from < https://www.lawteacher.net/free-law-
essays/contract-law/contracts-which-may-be-specifically-enforced-contract-law-essay.php>

13
available only where money damages are inappropriate; in practice, however, courts rarely
insist on monetary relief when equitable relief is requested by a plaintiff.28

CHAPTER- 4

OTHER RELEVANT ACTS

4.1. Section 11. Cases in which specific performance of contracts connected with trusts
enforceable:

28
ibid

14
 (1) Except as otherwise provided in this Act, specific performance of a contract may, in
the discretion of the court, be enforced when the act agreed to be done is in the
performance wholly or partly of a trust.
(2) A contract made by a trustee in excess of his power or in breach of trust cannot be
specifically enforced.

According to Section 11 (1) when the act agreed to be done is in the performance, wholly
or partly, of a trust, specific performance of the same may be granted at the discretion of
the court. For instance A holds certain stocks in trust for B. A wrongfully disposes of the
stock. The law creates an obligation on A to restore the same quantity of stock to B, and
B may enforce specific performance of this obligation.29

4.2. Section 12. Specific Performance of Part of Contract:

Section 12.of the Act provides for Specific performance of part of contract.The general rule
of equity is that the court will not compel specific performance of a contract unless it can
enforce the whole contract. In Merchants Trading Co. v. Banner [15] Lord Romilly observed
that: “this court cannot specifically perform the contract piecemeal, but it must be performed
in it’s entirely if performed at all." A court of equity is not concerned to make the new
contract for the parties.30

The rule laid in above case is contained in Section 12(1) of the Specific Relief Act which lays
court shall not direct the specific performance of a part of contract, except in cases coming
under on or other of the three proceeding sections.31

To this general rules there are certain exceptions which proceed upon the principle of that
‘equity looks to the substance of contract and requires substantial compliance with its
conditions rather than its literal fulfillment’ and these are embodied in Section 12 (2), (3) and
(4).

Section 12(2) becomes applicable when the part of contract which cannot be performed is the
conveyance of an item which is only a small portion of the whole in value and admits of
compensation in money. The inability to perform the contract may be by reason of deficiency
in quantity of the subject-matter, variance in quality, defect in title or of some other legal

29
Avtar Singh, Contract and Specific Relief, Twelfth edition, Eastern Book Company, Lucknow, India, 2017
30
ibid
31
ibid

15
prohibition or lapse of time. For the applicability of these provisions of this sub-section two
conditions must co-exist, namely:

a) That the part which must be left unperformed bears only a small proportion to the whole
value, and

b) The part which must be left unperformed admits of compensation in money.32

Section 12(3) lays down the second exception the general rule under Section 12(1). The
equitable principle underlying this section is that specific performance of contract will not be
enforced for the benefit of the purchaser and cannot operate to his detriment. Following are
the important points in this sub-section:

a) The part unperformed must be a considerable portion of the whole; or

b) It does not admit of compensation in money;

c) Not either of the parties, but party who is not in default may sue for part performance.

d) Provided the plaintiff relinquishes,

(i) Claims to further performance and also,

(ii) All rights to compensation on account of default of the defendant.33

Section 12(3) of the specific relief Act can be invoked only where terms of contract permit
segregation of rights and interest of parties in the property. The provision cannot be availed
of when the terms of the contract specifically even an intention contrary to segregating
interest of the vendor having the interest and spas successionis of revesioners. Neither law
nor equity is in favour of the vendee to grant specific performance of the contract.34

Section 12(4) is the third exception to the general law provided in sub-section 12(1). The
ordinary presumption is that a contract is intended to be dealt with as a whole and not
piecemeal. But this section permits the Court in certain cases where this presumption is
rebutted to afford relief by way of partial performance. The basic principle of Section 12(4) is
that when a contract consists of several parts which are separate from and independent of on
another, and some of which cannot or ought not to be performed, such part or parts as can and
ought to be performed may alone be specifically enforced. The court must not make a new
32
Lawyers Club, Specific relief Act, 1963, Published in Civil Laws, India.
33
ibid
34
Contracts which may be specifically enforced, retrieved from < https://www.lawteacher.net/free-law-
essays/contract-law/contracts-which-may-be-specifically-enforced-contract-law-essay.php>

16
contract for the parties, nor proceed merely on surmises that the requirements of the section
would be satisfied, if further enquiry were allowed.35

CHAPTER- 5
CONCLUSION
Contracts are to be fairly and liberally performed. Men are not suffered by law to depart from
the Contracts at their pleasure. Courts enforce, wherever they can, the literal performance of

35
ibid

17
the contract.The aim and object of the law is and ought to be to enforce the promise
according to its terms and in the spirit of its intent, literally and liberally.
Specific reliefs are by ordering a party to do the very act which he is under an obligation to
do. Obligation as defined under Section 2 “includes every duty enforceable by law”. Looking
back at this project the researcher has reached to the conclusion that the principles of equity
plays a very significant role in rendering justice where the Contract Law does not provide for
any such provision.
The whole doctrine of Specific performance rests on the ground that a man is entitled in
equity to have in specie the specific thing for which he has contracted, and that he is not
bound to take damages instead.Specific performance is a remedy based on the principle of
equity and fairness and thus giving the aggrieved his damages going out of the orthodox
remedies, so that justice is rendered.
Specific performance being just an alternate remedy would not serve the larger cause of
equity and justice, but one has always to remember that this must not be treated as a
complementary but rather as a supplementary remedy. While granting a Specific Performance
order, the court takes into account the equities of a given relationship in order to achieve what
is perceived to be fair result and to control relationships of dependence.

Thus the principles of equity have to be applied to the area of Contract Law otherwise there
would be many cases whereby the aggrieved party would not get any justice, thus nullifying
the whole rationale behind having any law or even the judiciary.

BIBLIOGRAPHY

18
Book:

1. Avtar Singh, Contract and Specific Relief, Twelfth edition, Eastern Book Company,
Lucknow, India, 2017

Online Sources:

2. Contracts which may be specifically enforced, retrieved from <

https://www.lawteacher.net/free-law-essays/contract-law/contracts-which-may-be-
specifically-enforced-contract-law-essay.php>
3. Y. Srinivasa Rao, Law on Specific Performance of Contract, Articles on Law, 22
October 2013.
4. Specific Relief Act, 1963, BARE ACT, Professional Book Publishers.
5. Specific Performance of contract with reference to the provisions of Chapter II of the
Specific Relief Act, 1963, SUBJECT OF THE THIRD WORKSHOP, District Court,
Sindhudurg- Oros.
6. Retrieved from < http://hanumant.com/SpecificPerformance.html>

7. Lawyers Club, Specific relief Act, 1963, Published in Civil Laws, India
8. Law on Specific Performance of Contract, retrieved from <www.latestlaws.in>

19