Section 15: Who may obtain specific performance

Specific Relief Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1963

Legal Commentary & Landmark Judgments: Section 15

Section 15 of the Specific Relief Act, 1963 specifies the classes of persons who may obtain specific performance of a contract, including parties to the contract, their representatives in interest, principals, beneficiaries in family settlements, and amalgamated companies.

  • Parties & Representatives in Interest: May be obtained by: (a) any party to the contract; (b) representative in interest or principal of any party, unless personal skills/quality make it non-assignable.
  • Family Settlements & Compromises: May be obtained by any person beneficially entitled where the contract is a settlement on marriage or compromise of doubtful rights between family members.
  • Tenant for Life & Remainderman: May be obtained by a remainderman where contract entered into by a tenant for life pursuant to covenant.
  • Company Amalgamations & Joint Ventures: May be obtained by a new company which arises out of the amalgamation of corporate contracting parties.
Key Landmark Precedents:
  • Man Kaur v. Hartar Singh Sangha, (2010) 10 SCC 512: The Supreme Court examined Section 15, holding that a power of attorney holder or representative can enforce specific performance only if they have personal knowledge of the readiness and willingness of the principal.
  • Shyam Singh v. Daryao Singh, (2003) 12 SCC 160: The Supreme Court held that the right to specific performance of a contract to repurchase is assignable under Section 15(b) unless the agreement expressly prohibits assignment or depends on personal considerations.
Courtroom Practice & Strategic Litigation Guidance:

In suits filed by assignees, legal representatives, or corporate successors, prove unbroken devolution of interest and establish that the agreement contains no negative covenant prohibiting assignment under Section 15(b).