Property Litigation · Contract Law
Specific Performance and Injunction Jurisprudence
Analysis of post-2018 Specific Relief Act amendments making specific performance a mandatory statutory remedy rather than a discretionary equitable relief.
This page summarizes the legal framework and judicial precedents for educational and informational purposes only. It does not state or imply that Advocate Sunil Kumar Upadhyay represented a party or was involved in the matter.
The 2018 Legislative Paradigm Shift
The Specific Relief (Amendment) Act, 2018 brought a structural paradigm shift to Indian contract and property litigation. Prior to the amendment, specific performance under Section 10 was an equitable, discretionary remedy, and courts routinely awarded damages as the primary relief where compensation was deemed adequate.
Post-amendment, the word 'may' was substituted with 'shall', transforming specific performance into a mandatory statutory right. Courts are now legally mandated to enforce contractual obligations unless the contract falls within specific statutory exemptions under Section 14 or Section 16.
Readiness and Willingness under Section 16(c)
Despite the mandatory nature of Section 10, the plaintiff must still satisfy the continuous requirement of readiness and willingness under Section 16(c). As reaffirmed by the Supreme Court in B. Santoshamma v. D. Sarala (2020) 19 SCC 80, the plaintiff must prove financial capability (readiness) and genuine intention to perform reciprocal obligations (willingness) from the date of the contract until the final decree.
In property transactions across Delhi-NCR, proof of available funds, loan sanction letters, or liquid assets remains indispensable evidence during trial examination.
Substituted Performance & Infrastructure Contracts
The 2018 amendment introduced Section 20 providing for 'substituted performance', permitting a non-breaching party to engage a third party to complete the contractual obligation at the expense of the defaulting party after issuing a 30-day notice.
Additionally, Section 20A bars injunctions in infrastructure projects where restraining progress would impede national public utility works, introducing specialized commercial contract protections.
