Concept of Specific Performance and the Rights of Plaintiff Claiming it under the Specific Relief Act, 1877

Abstract

Specific performance of the contract is one of the equitable remedies developed in the Courts of Equity in England. The Court grants it by exercising its discretionary power. The Specific Relief Act, 1877 contains the cases where, and how specific performance will be granted and who will be entitled to claim the same. Since it has arose from the Law of Equity, the Court remains cautioned in applying discretion during scrutiny of the fact and circumstance so that neither the plaintiff nor the defendant has to face injustice. The aim of this paper is to understand the concept of specific performance and to address the plaintiff’s rights provided under this Act for seeking specific performance of contract in the appropriate Court of law. This paper shall also make an attempt to describe the discretionary power of the Court along with the relevant provisions regarding related to the specific performance of contract. Some judicial decisions will be cited to reflect the practical applications of these provisions in the Courts.