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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Specific Relief Act, 1963 · Chapter II: Specific Performance Of Contracts

Section 15 Specific Relief Act: Who may obtain specific performance

Bare Act text

15. Who may obtain specific performance.—Except as otherwise provided by this Chapter, the specific performance of a contract may be obtained by—

(a) any party thereto;

(b) the representative in interest or the principal, of any party thereto:

Provided that where the learning, skill, solvency or any personal quality of such party is a material ingredient in the contract, or where the contract provides that his interest shall not be assigned, his representative in interest or his principal shall not be entitled to specific performance of the contract, unless such party has already performed his part of the contract, or the performance thereof by his representative in interest, or his principal, has been accepted by the other party;

(c) where the contract is a settlement on marriage, or a compromise of doubtful rights between members of the same family, any person beneficially entitled thereunder;

(d) where the contract has been entered into by a tenant for life in due exercise of a power, the remainderman;

(e) a reversioner in possession, where the agreement is a covenant entered into with his predecessor in title and the reversioner is entitled to the benefit of such covenant;

(f) a reversioner in remainder, where the agreement is such a covenant, and the reversioner is entitled to the benefit thereof and will sustain material injury by reason of its breach;

1[(fa) when a limited liability partnership has entered into a contract and subsequently becomes amalgamated with another limited liability partnership, the new limited liability partnership which arises out of the amalgamation.]

(g) when a company has entered into a contract and subsequently becomes amalgamated with another company, the new company which arises out of the amalgamation;

(h) when the promoters of a company have, before its incorporation, entered into a contract for the purposes of the company, and such contract is warranted by the terms of the incorporation, the company:

Provided that the company has accepted the contract and has communicated such acceptance to the other party to the contract.

Amendment notes

  1. Ins. by Act 18 of 2018, s. 6 (w.e.f. 1-10-2018).

Text of the Specific Relief Act, 1963 (Act No. 47 of 1963), as amended up to the Specific Relief (Amendment) Act, 2018. Source: India Code, Government of India.

In simple words

Except as otherwise provided in this Chapter, several persons can obtain specific performance. Clause (a) covers any party to the contract. Clause (b) covers a party's representative in interest or principal. But take a case where a party's learning, skill, solvency or personal quality is material, or the contract bars assignment. Then they cannot sue, unless that party has performed or the other side accepted the performance. Clause (c) covers a person beneficially entitled under a marriage settlement or a family compromise of doubtful rights. Clause (d) covers a remainderman where a tenant for life contracted in due exercise of a power. Clauses (e) and (f) cover a reversioner in possession or in remainder, on a covenant with his predecessor. Clause (fa) covers the new limited liability partnership after an amalgamation. Clause (g) covers the new company after an amalgamation. Clause (h) covers a company, for a promoters' contract made before incorporation and warranted by its terms of incorporation. The company must have accepted it and communicated acceptance. The 2018 amendment inserted clause (fa).

Chapter II: Specific Performance Of Contracts

  1. 9 Defences respecting suits for relief based on contract
  2. 10 Specific performance in respect of contracts
  3. 11 Cases in which specific performance of contracts connected with trusts enforceable
  4. 12 Specific performance of part of contract
  5. 13 Rights of purchaser or lessee against person with no title or imperfect title
  6. 14 Contracts not specifically enforceable
  7. 14A Power of court to engage experts
  8. 15 Who may obtain specific performance
  9. 16 Personal bars to relief
  10. 17 Contract to sell or let property by one who has no title, not specifically enforceable
  11. 18 Non-enforcement except with variation
  12. 19 Relief against parties and persons claiming under them by subsequent title
  13. 20 Substituted performance of contract
  14. 20A Special provisions for contract relating to infrastructure project
  15. 20B Special Courts
  16. 20C Expeditious disposal of suits
  17. 21 Power to award compensation in certain cases
  18. 22 Power to grant relief for possession, partition, refund of earnest money, etc
  19. 23 Liquidation of damages not a bar to specific performance
  20. 24 Bar of suit for compensation for breach after dismissal of suit for specific performance
  21. 25 Application of preceding sections to certain awards and testamentary directions to execute settlements