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Specific Performance (Equitable Relief)

Principles of Natural Justice & Equity

Definition

A discretionary equitable remedy governed by the Specific Relief Act, 1963, whereby a court compels a party in breach of contract to perform their actual contractual promise rather than merely awarding monetary damages.

Example

A seller signs an agreement to sell a unique ancestral house in Old Delhi and subsequently refuses to register the sale deed; the civil court grants a decree for specific performance compelling the seller to execute the deed before the sub-registrar.