Question
Under Section 10 of the Specific Relief Act, 1963 (as
amended in 2018), what is the general principle regarding granting of specific performance?Solution
The Specific Relief (Amendment) Act, 2018, introduced Section 10 establishing that specific performance should ordinarily be granted to all parties seeking enforcement, subject only to exceptions in Sections 11 (where adequate compensation is available), 14 (where contract terms are uncertain), and 16 (where hardship is disproportionate). This represents a paradigm shift from treating specific performance as discretionary to treating it as the standard remedy. The amendment reduces judicial discretion and increases contractual certainty. Courts must now grant specific performance unless specific exceptions apply, aligning with modern contract law principles. However, practical constraints (e.g., supervision difficulties, personal contracts) still limit specific performance availability.
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