In cases of specific performance of a contract, the rights of the parties are governed by the…

Specific performance is an equitable remedy given statutory form by the Specific Relief Act, 1963: legal entitlement and the Act’s conditions matter alongside its equitable principles. Neither equity alone nor law alone adequately describes that combined framework.

Current law: From 1 October 2018, amended section 10 directs enforcement subject to sections 11(2), 14 and 16, and the former section 20 general discretion (to be exercised on sound and reasonable principles) was replaced with substituted-performance provisions. Current cases must apply that statutory regime when applicable, rather than importing the former broad discretionary refusal power.