The Misconception about Specific Performance
property clat_pg advanced agree_disagreeTum log samajh rhe hain ki Specific Performance ek jeevan ka sangharsh hai, lekin mujhe lagta hai yeh galat hai. Specific performance ek aadharbhashya kanoon hai jo vendor ko apne agreement ke anusaar property bechna hai. Yeh nhi hai koi bada sangharsh, bas vendor ko uthna padta hai. Yadi vendor ne property bechne se chutkara lene ka koi aadhar hai, to court ek naye samay ke liye order de sakta hai. Lekin agar vendor ko koi aadhar nhi hai, to property bechna padega. Yeh aisa kam hai jo har vendor ko karna chahiye.
Refer: Shree Balaji Finance Ltd. v.
3 Comments
Hey friends, I recently studied specific performance and I think it's high time we cleared a common misconception. Just because specific performance is awarded in case of breach of contract, does NOT mean it's always a 'no monetary damages' scenario. Sometimes, damages are still awarded in conjunction with specific performance, so let's keep this in mind for our exams.
Yaar, you've got it half right! Specific Performance, Section 15 of the Specific Relief Act, 1963, is indeed about enforcing contractual obligations. But, it's not just for cases where monetary compensation is insufficient. It's also for cases where the aggrieved party desires a specific performance, like a person who wants specific ownership of a property.
Specific Performance is often misunderstood as a remedy only for monetary claims. But, it can be ordered in cases of contractual breaches where monetary compensation is inadequate or impossible, like when a buyer refuses to pay for a specific plot of land. It's a powerful tool to enforce non-monetary obligations, giving the aggrieved party the actual performance they were promised. Courts use it sparingly, but judiciously, to uphold the sanctity of contracts.