Varun Kumar Jha is a Legal Researcher and the founder of LLB Varun. The content is written and reviewed by Varun Kumar Jha, a dedicated legal author with an LL.B. background from Karnataka State Law University (KSLU). You can review and verify the statutory language directly within the Ministry of Home Affairs Official Gazette Document. 🌐 Connect: LinkedIn | Contact Editor.
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…
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…
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…
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…
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— Provided that the company has accepted the contract…
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…
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 in addition to such performance. (2) If, in any…
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 (5 of 1908), any person suing for the specific performance…
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…
