Who may obtain specific performance
Section 15 of the Specific Relief Act, 1963 deals with 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; The Act came into force on 01 Mar 1964.
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./]br
(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.
Section 15, The Specific Relief Act, 1963 (Act 47 of 1963).
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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… Now, therefore, if there is consideration in the gift deed then it will not be a gift deed then the question is that the property has been transferred to the plaintiff No.1 by that document. 15. Section 15 of the Specific Relief Act provides that the specific performance of a contract may be obtained by the representative in interest or the principal or any party thereto. Now, therefore, even if the gift deed is considered, in the present case, not to be a gift deed then also the plaintiff No.1 will be assignee of the …
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… Her evidence in Chief had withstood the test of cross-examination. 32. With regard to the subject matter of this case this Court desire to refer Section 15(b) of The Specific Relief Act 1963. It enacts as follows; "Section 15. Who may obtain specific performance – Except as other wise provided by this Chapter, the specific performance of a contract may be obtained by - (b) the representative-in-interest or the principal, of any party thereto: Provided that where …
Questions about Section 15
What does Section 15 of the Specific Relief Act deal with?
Section 15 of the Specific Relief Act is headed "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;
How do I find court cases under Section 15 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 15, section 15 Specific Relief Act, section 15 of the Specific Relief Act. People searching for it also type specific relief act section 15 h and specific relief act 1963 section 15. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 15 of the Specific Relief Act come into force?
Section 15 of the Specific Relief Act, cited as Specific Relief Act 15, 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
- 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
- 20A. Special provisions for contract relating to infrastructure project260 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 14 Oct 2026. This page is not a substitute for legal advice.