⚖️ Key Legal Principles
1
Governed by Specific Relief Act 1963
2
Court has discretion but 2018 amendment made it mandatory in most cases
3
Agreement to sell must be valid, specific, and enforceable
4
Time not of essence in property contracts unless specifically stated
🏛️ Important Supreme Court Judgments
⚖️ Ramesh Chandar Kaushal v. Veena Kaushal (1978)
(1978) 4 SCC 70 | AIR 1979 SC 1807
Agreement to sell does not transfer ownership — only creates right to seek specific performance
⚖️ P. D'Souza v. Shondrilo Naidu (2004)
Readiness and willingness of plaintiff to perform their contractual obligation is essential for specific performance
🏛️ Important High Court Judgments
⚖️ Delhi HC — Mohan Lal v. Inder Pal (2021)
Specific performance granted where seller refused to execute sale deed despite receiving full consideration
⚖️ Bombay HC — Tata Housing v. Akhilesh (2020)
Developer bound to execute sale deed as per agreement even if property value increased significantly
❓ Frequently Asked Questions
Q: What is the limitation period for specific performance?
A: Under Article 54 of Limitation Act — 3 years from when the plaintiff had notice that performance was refused.
Q: Can specific performance be denied?
A: Courts may deny it if contract is not fair, acts of parties make performance impossible, plaintiff has not performed their obligations, or granting it would cause undue hardship.