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Section 10: Specific performance in respect of contracts

Specific Relief Act • Official Statutory Text & Practice Guide

Mandatory Enforcement
Civil Specific Performance
Civil / Commercial Court
Act 1963
Section 9 All 44 Sections of Specific Relief Act Section 11

Legal Commentary & Landmark Judgments: Section 10

Section 10 of the Specific Relief Act, 1963 mandates that the specific performance of a contract shall be enforced by the court, transforming the relief from historical judicial discretion into a compulsory statutory right.

  • Statutory Relief & Application: Substituted by the Specific Relief (Amendment) Act, 2018, Section 10 commands that 'The specific performance of a contract shall be enforced by the court', subject only to the limited statutory exceptions contained in Section 11(2), Section 14, and Section 16.
  • Core Legal Standard: The 2018 amendment deliberately deleted the word 'may' and replaced it with 'shall', eliminating the court's traditional equitable discretion to refuse specific performance in favor of monetary damages.

Prior to 2018, damages were the primary remedy, and specific performance was an exceptional equitable relief. Under the amended Section 10, specific performance is the default statutory rule for enforcing contracts in India, aligning the Indian contractual regime with modern international commercial standards.

Key Landmark Precedents:
  • B. Santoshamma v. D. Sarala, (2020) 19 SCC 80: The Supreme Court held that post the 2018 Amendment, the word 'shall' in Section 10 makes specific performance mandatory upon proof of contract and readiness/willingness, removing the earlier judicial discretion to deny relief on hardship grounds.
  • Sughar Singh v. Hari Singh, (2021) 18 SCC 493: The Supreme Court recognized that while the 2018 amendment is prospective, courts exercising equitable jurisdiction even in pre-amendment cases should favor specific performance over mere monetary damages where the contract is established.
Legal Commentary:

The 2018 transformation of Section 10 revolutionized Indian contract and real estate litigation. Courts can no longer deny specific performance of property agreements on subjective equitable considerations (such as escalation of property prices). Unless the defendant establishes that the contract falls within the statutory bars of Section 14 or Section 16, decree for specific performance must follow.

Section 9 All 44 Sections of Specific Relief Act Section 11