Cases in which specific performance of contract enforceable
Section 10 of the Specific Relief Act, 1963 deals with cases in which specific performance of contract enforceable. [The specific performance of a contract shall be enforced by the court subject to the provisions contained in sub-section (2) of section 11, section 14 and section 16.] The Act came into force on 01 Mar 1964.
1[The specific performance of a contract shall be enforced by the court subject to the provisions contained in sub-section (2) of section 11, section 14 and section 16.]
Section 10, The Specific Relief Act, 1963 (Act 47 of 1963).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Katta Sujatha Reddy v. Siddamsetty Infra Projects (P) Ltd.
Court's Decision & Legal Precedent
Judgement of Main Case order-10.pdf 2022-08-25 (not same-date ROP order-11). CA 5822/2022. The 2018 Specific Relief Act amendment recasting s.10 (specific performance no longer a discretionary substitute) is prospective; a suit instituted under the unamended Act is tried on the old discretion. Map specific-relief-act 10.
On this section: s.10 (as recast in 2018) treats specific performance as the ordinary rule rather than a discretionary substitute for damages. Katta Sujatha Reddy holds the 2018 amendment is prospective; a suit instituted under the unamended Act is tried on the old discretion.
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B. Santoshamma vs D. Sarala
Court's Decision & Legal Precedent
When a vendor deliberately transfers part of the subject matter of a sale agreement to a third party after entering into the agreement with the vendee, and the vendee has demonstrated readiness and willingness to perform her obligations by paying a substantial portion of the consideration within the stipulated time, the court may, under Section 12 of the Specific Relief Act, 1963, direct specific performance of so much of the contract as can be performed by reducing the consideration proportionally in lieu of damages. A registered deed of conveyance takes priority over an unregistered sale agreement under Section 50 of the Registration Act, 1908, and the rights of a bona fide transferee cannot be nullified in a suit for specific performance where the transferee was not impleaded as a necessary party within the period of limitation.
On this section: Governs when specific performance of a contract may be enforced. The Court noted that after amendment with effect from 1.10.2018, specific performance is no longer discretionary but mandatory subject to certain conditions.
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Ramankutty vs Krishnan
Court's Decision & Legal Precedent
An agreement for exchange of properties is a valid executory contract specifically enforceable under Section 10 of the Specific Relief Act, identical to a contract for sale.
On this section: Enforceability of contracts where compensation in money is inadequate.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… According to the plaint, the respondent paid Rs.40.00 lakhs in terms of the Agreement dated 03.06.2016, and according to the respondent, the appellant failed to fulfill his obligation in terms of the Agreement dated 03.06.2016. Therefore, the suit ought to have been filed under Section 10 of the Specific Relief Act instead of Section 34 of the Specific Relief Act. The learned Court below failed to appreciate this legal position and also failed to consider the proviso of Section 34 of the Specific Relief Act, and held that the suit is maintainable. For the aforesaid reasons, the impugned judgment and …
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… Therefore, this Court is of the view that to decide the entitlement of the plaintiffs, it is simultaneously necessary to decide the readiness and willingness of the plaintiffs. 88. This Court for the purpose of ascertaining readiness and willingness referred to Section 10 of the Specific Relief Act, 1963 which states as follows: " The specific performance of a contract shall be enforced by the court subject to the provisions contained in sub-section (2) of section 11, section 14 and section 16. " 89. Section 16 (c) of the Specific Relief Act, 1963 states that, ―Specific …
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… res integra that when the court is considering the question of maintainability under Order VII Rule 11 CPC, it has to consider whether clever drafting is creating illusions of a cause of action. This careful scrutiny is called for in suits of specific performance to a greater degree since after the amendment to Section 10 of the Specific Relief Act w.e.f. 2018, it is now an obligation on the court to enforce the specific performance of a contract subject to Sub-section 2 of Section 11, Section 14 and Section 16. As rightly pointed out by the learned counsel for the defendant No.1, a higher threshold, will have to be crossed. 9. …
Questions about Section 10
What have the courts held on Section 10 of the Specific Relief Act?
Katta Sujatha Reddy v. Siddamsetty Infra Projects (P) Ltd. (25 Aug 2022) is the leading judgment on this section among those set out below: s.10 (as recast in 2018) treats specific performance as the ordinary rule rather than a discretionary substitute for damages. Katta Sujatha Reddy holds the 2018 amendment is prospective; a suit instituted under the unamended Act is tried on the old discretion. Another 2 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2014 to 2022.
How do I find court cases under Section 10 of the Specific Relief Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Specific Relief Act 10, section 10 Specific Relief Act, section 10 of the Specific Relief Act. People searching for it also type specific relief act 10 38 and specific relief act 1963 10. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Katta Sujatha Reddy v. Siddamsetty Infra Projects (P) Ltd. (25 Aug 2022).
What should I read with Section 10 of the Specific Relief Act, and has it changed?
Its own text turns on section 11 (Cases in which specific performance of contracts connected with trusts enforceable), section 14 (Contracts not specifically enforceable), section 16 (Personal bars to relief), so none of them can safely be read on its own.
When did Section 10 of the Specific Relief Act come into force?
Section 10 of the Specific Relief Act, commonly called specific performance, and cited as Specific Relief Act 10, came into force on 01 Mar 1964, having been enacted on 13 Dec 1963. It is in force as at the date shown on this page.
Other sections of this Act
- 12. Specific performance of part of contract391 words
- 28. Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed382 words
- 15. Who may obtain specific performance330 words
- 13. Rights of purchaser or lessee against person with no title or imperfect title309 words
- 26. When instrument may be rectified292 words
- 20. Substituted performance of contract269 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.