Table of Contents

What is a Suit for Specific Performance?When Is Specific Performance Required?Documents Required for Filing a Specific Performance Suit Procedure for Filing a Specific Performance Suit Specific Performance in Property Agreements Time Limit for Filing a Suit for Specific Performance Specific Performance vs Compensation: Key Difference How NoBroker Can Help With Legal Services Frequently Asked Questions?

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Home Blog Real Estate Legal Guide & Laws What Is Specific Performance Suit

What is Specific Performance Suit: Legal Procedure, Documents & Key Difference

Published : November 28, 2025, 3:09 PM

Updated : November 28, 2025, 3:09 PM

Author : Ananth

Real Estate Legal Guide & Laws

581 views

Summary

A specific performance suit ensures that a contract is actually carried out when money alone can’t fix the loss, especially in property deals where each asset is unique. Under the Specific Relief Act, 1963, courts can order the defaulting party to execute the sale deed or complete their agreed responsibilities. To file this suit, buyers must provide the agreement to sell, proof of payments, identity and title records, and communication evidence. Courts grant relief only when the buyer proves readiness, willingness, and a legally enforceable agreement.

Table of Contents

A specific performance suit is a legal remedy used when one party refuses to complete a contract, especially in property deals where money alone cannot replace the loss. Instead of giving compensation, the court can order the defaulting party to fulfill the exact promise made in the agreement. This is commonly used in real estate because every property is unique. Filing a specific performance suit helps protect the buyer’s rights and ensures the sale is completed as originally agreed. [1]

What is a Suit for Specific Performance?

A suit for specific performance is a legal remedy under the Specific Relief Act, 1963, in which the court orders the defaulting party to perform their contractual obligations rather than merely awarding monetary compensation. This remedy is used when financial damages cannot adequately replace the actual performance promised in the contract. It often requires a party to execute a sale deed or finish an agreed transfer. Suits like these are ubiquitous in property disputes, where the uniqueness of real estate makes substitution impossible, and parties seek to enforce an agreement to sell to protect their contractual rights.

When Is Specific Performance Required?

Specific performance suit becomes necessary when monetary compensation cannot protect a party’s rights. [2]

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Refusal to execute the sale deed: When a seller backs out of completing the property transfer despite a valid agreement, only enforcing the exact terms of the agreement can protect the buyer’s interests.
Breach of property agreement: When one party fails to honour terms in a property contract, especially where the asset is unique and cannot be substituted through financial compensation.
Non-fulfilment of unique asset contract: When the agreement involves a rare or irreplaceable asset, and actual performance is required because monetary damages cannot provide an equivalent alternative.

Documents Required for Filing a Specific Performance Suit

To support specific performance in property agreements, the plaintiff must provide clear proof of the contract, payments made, property ownership, and communication showing readiness and willingness to complete the transaction.

Original Agreement to Sell: Serves as the primary proof of the contract terms, obligations, timelines, and signatures of both parties involved in the transaction.
Payment receipts: Show the buyer’s financial commitment, advance payments, part payments, and readiness to fulfil remaining contractual obligations.
Buyer’s identity proof: Establishes the buyer’s legal identity and eligibility, ensuring all submitted documents match official records.
Property documents (title deed, EC): Confirm ownership, legal status, encumbrances, and the seller’s authority to transfer the property Documents.
Correspondence/communication records: Includes emails, messages, or letters proving follow-up, negotiation history, and the buyer’s willingness to complete the sale.
Legal notice copy: Demonstrates that the buyer formally requested performance before approaching the court for enforcement.

Procedure for Filing a Specific Performance Suit

To begin the legal process, the plaintiff must follow the accepted format of suit for specific performance of a contract, ensuring that every step demonstrates a valid agreement, breach, and the plaintiff’s readiness and willingness to perform. [3]

Step 1: Drafting the plaint: Prepare a detailed plaint describing contract terms, breach, readiness and willingness, supported with documents proving execution of the agreement and the relief sought from the court.
Step 2: Filing in the appropriate court: Submit the plaint before the court with proper territorial and pecuniary jurisdiction, attaching required records, verification, and prescribed court fees.
Step 3: Serving notice to defendant: The court issues a summons to the defendant, giving them formal notice of the case and an opportunity to file their written statement.
Step 4: Submission of evidence: Both parties present documents, witness statements, payment proofs, and communication records establishing the contract, breach, and entitlement to specific performance.
Step 5: Court hearing and decree: After evaluating pleadings and evidence, the court delivers its judgment, which may direct the defaulting party to complete the contract as initially agreed.

Specific Performance in Property Agreements

Specific performance is especially important in property deals because every property is unique and cannot be replaced with money. If a seller refuses to complete a registered agreement to sell or delays the sale deed, the buyer may suffer a loss that compensation cannot fix. In such cases, the court can order the seller to complete the sale as promised. This remedy protects genuine buyers, ensures fair dealings, and helps resolve disputes related to ownership, property boundaries, and contract terms. Through specific performance, courts uphold legally binding commitments and safeguard the buyer’s rights in real estate transactions. [4] [5]

Time Limit for Filing a Suit for Specific Performance

A suit for specific performance must be filed within 3 years from the date the seller breaches the agreement or clearly refuses to perform the contract. Courts expect buyers to act quickly. If the buyer delays beyond this period, the suit may be dismissed, as the court may assume they were not ready or serious about completing the transaction.

Specific Performance vs Compensation: Key Difference

A specific performance suit ensures the actual contract is carried out, while compensation focuses on providing financial relief for the loss caused by breach. Courts choose based on whether money can truly substitute for the promised act. [6]

Aspect	Specific Performance	Compensation
Meaning	A court-ordered remedy directing the defaulting party to perform the exact terms of the contract as initially agreed.	A monetary award granted to the aggrieved party to cover financial loss resulting from the breach of contract.
Purpose	To secure actual performance when the subject matter is unique, irreplaceable, or incapable of being valued purely in money.	To restore the injured party to the financial position they would have been in if the breach had not occurred.
When Used	Common in immovable property matters, unique asset transactions, and cases where damages are inadequate to protect the plaintiff’s interest.	Applied when the subject matter can be valued in money, and alternative remedies are adequate.
Legal Basis	Granted under the Specific Relief Act when readiness and willingness are proven, along with enforceable contract terms.	Provided under the Indian Contract Act to compensate for direct losses arising from the breach.
Outcome	The court compels the defaulting party to complete the contract, such as executing a sale deed.	The aggrieved party receives monetary compensation instead of actual performance.
Effect on Contract	Contract remains enforceable and must be specifically carried out.	The contract stands breached but compensated through financial payment.

How NoBroker Can Help With Legal Services

NoBroker provides expert legal support for hassle-free and legally compliant property transactions. Their team helps with agreement drafting, document verification, title checks, sale deed review, and legal notices. They also assist in resolving property disputes and cases like specific performance. With clear pricing and end-to-end guidance, NoBroker ensures all documents are accurate and valid so you can complete your deal confidently and without costly mistakes.

Frequently Asked Questions?

Q1. Is specific performance available for all types of contracts?

Ans: Specific performance is available only when monetary compensation is inadequate. It is not granted for personal service contracts, for contracts with uncertain terms, or for agreements requiring continuous supervision. Courts evaluate the fairness, feasibility, and enforceability of the remedy before granting it.

Q2. How long does a specific performance suit take?

Ans: A specific performance suit generally takes 1 to 3 years, depending on the evidence, court workload, property title issues, and the parties' cooperation. Delays arise when defendants dispute ownership, deny execution, or challenge essential terms requiring detailed judicial examination.

Q3. Can courts refuse specific performance even if the contract is valid?

Ans: Yes, courts may refuse specific performance despite a valid contract if the plaintiff fails to prove readiness, willingness, fairness, or clean conduct. Courts also deny relief when performance becomes impossible, inequitable, or contrary to established legal principles governing enforceability.

Q4. Is it easier to enforce specific performance in property agreements?

Ans: Yes, enforcement is generally easier in property agreements because real estate is unique, irreplaceable, and cannot be fully compensated in money. Courts, therefore, prefer compelling completion of the sale rather than awarding damages for lost opportunity or value.

Q5. What happens if the defendant still refuses after the decree?

Ans: If a defendant refuses after the decree, the court may execute the sale deed itself, impose penalties, initiate attachment, or take enforcement steps ensuring compliance. Persistent disobedience can lead to stronger coercive actions under civil execution rules.

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ARTICLE SOURCES

https://session.delhi.gov.in/session/specific-relief-act
https://www.indiacode.nic.in/bitstream/123456789/1583/7/A1963-47.pdf
https://lawbhoomi.com/suit-for-specific-performance/
https://indiacorplaw.in/2018/04/03/effects-specific-relief-amendment-bill-2017-law-remedies-breach-contract/
https://thelegalschool.in/blog/case-laws-on-specific-performance-of-contract
https://www.ijllr.com/post/specific-performance-vs-damages-understanding-remedies-under-the-contract-act

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Ananth,Author

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