Specific Relief Act 1963

6th Feb, 2019

A buyer is not entitled for specific performance by paying only a small portion out of the total consideration as advance.

The Hon’ble High Court of Delhi held in a judgment that the acts where the less substantial consideration is paid and/ or the buyer is not in the possession of the subject property, the said […]
11th Jan, 2019

Readiness and willingness to perform a contract is the most important issue for considering grant of specific performance of a contract

In a recent judgment, the Supreme Court, held that in the present case, readiness and willingness to perform a contract is a question of fact and the same is to be determined during appreciation of […]
4th Dec, 2018

An unregistered Agreement to Sell, not even along with the proper stamp duty, cannot be accepted as a complete sale.

The Hon’ble Supreme Court of India rejected the contention of the Appellant/ Original Plaintiff that the agreement to sell was a complete sale and it was to be considered as a sale deed because the […]
25th Oct, 2018

Readiness and willingness to perform contract must subsist throughout the case

A party to a contract has to show and establish his willingness and readiness to perform his part of contract throughout, including the day when the suit for specific performance was filed. This was held […]
14th Sep, 2018

Relief under Section 6 of the Specific Relief Act is summary in nature and no appeal lies against it

The Supreme Court reminded the courts below that proceedings under Section 6 of the Specific Relief Act were not appealable in the light of Section 6(3) of the Act. The said observation was made by […]
21st Aug, 2018

Limitation for the buyer to seek recovery of earnest money would begin from the date when forfeiture has been pleaded by the seller

The Delhi High Court has held that limitation of the appellant/ buyer to claim the amounts under the Agreements to Sell, and which are paid to the respondent/ seller, would only commence if the respondent/seller […]
15th Jun, 2018

Specific Performance of an unregistered Agreement to Sell permissible when possession of the property has not been handed over

In a recent judgment, the Delhi High Court observed that it is permissible to grant the relief of specific performance to execute a sale document against an unregistered agreement to sell when possession of the […]
17th May, 2018

Readiness and willingness under Section 16 (c) of the Specific Performance Act has to be supported by documentary evidence

The Hon’ble High Court of Delhi in an appeal filed under Section 96, CPC has held that readiness and willingness as per Section 16(c) of the Specific Performance Act can only exist if the same […]
22nd Jan, 2018

Section 21 of the Specific Relief Act enables the Court to award compensation in lieu of the specific performance when a contract has become impossible for no fault of the plaintiff

The Hon’ble Supreme Court of India held in the case titled Urmila Devi and ors. vs The Deity, Mandir Shree Chamunda Devi, through Temple Commissioner and ors. (Civil Appeal no. 462 OF 2018 arising out of SLP 25771/2013) decided on 10.01.2018.   Challenge […]
31st Jul, 2017

Readiness and Willingness must continue through out the proceedings

The Calcutta High Court in the matter of Amit Mondal Vs. Pannalal Das decided on 6th July, 2017 has held that Section 16(c) of the Specific Relief Act, provides that, in order to get a […]
11th May, 2017

Interim orders cannot be granted in Arbitration proceedings where claim cannot be specifically enforced

Bombay High Court in the matter of B E Billimoira and Company Vs Mahindra Bebanco Developers Limited; Commercial Arbitration Petition (Ldg) No. 29 of 2017 held no interim order can be passed by Court/Arbitrator under […]
2nd Mar, 2017

A suit for specific performance cannot be allowed to be converted into a suit for title of a stranger and for possession by allowing impleadment of parties claiming title over the property.

The Bombay High Court held that a suit for specific performance cannot be allowed to be converted into a suit for title of a stranger and for possession by allowing impleadment of parties claiming title […]