1️⃣ Q. Discuss the nature and object of the Specific Relief Act. Is specific performance discretionary?

✅ Answer:

The Specific Relief Act, 1963 provides civil remedies for enforcement of individual civil rights, primarily through:

• Specific performance

• Injunctions

• Declaratory relief

• Rectification & cancellation

Originally, under Section 10 (pre-2018), specific performance was discretionary.

However, after the 2018 Amendment, specific performance has become the rule rather than the exception.

Legal Position:

• Court shall enforce specific performance unless exceptions under Sections 11(2), 14, 16 apply.

• Discretion is now limited.

Conclusion: Specific performance is now largely mandatory subject to statutory bars.

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2️⃣ Q. Explain readiness and willingness under Section 16(c).

✅ Answer:

Section 16(c) mandates that plaintiff must:

• Plead readiness and willingness

• Prove continuous readiness from date of agreement till decree

Key Components:

• Financial capacity

• Conduct consistent with contract

• No abandonment

Failure to prove → suit dismissed.

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3️⃣ Q. What contracts cannot be specifically enforced?

✅ Answer (Section 14):

Specific performance cannot be granted for:

1. Contracts involving continuous supervision

2. Contracts dependent on personal qualifications

3. Determinable contracts

4. Contracts impossible to perform

After 2018 amendment, scope narrowed but determinable contracts still excluded.

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4️⃣ Q. Discuss limitation for specific performance.

✅ Answer:

Under Article 54 of Limitation Act:

Limitation = 3 years

Starts from:

• Date fixed for performance OR

• Date of refusal

Limitation is strict and mandatory.

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5️⃣ Q. Whether time is essence in contract for sale of immovable property?

✅ Answer:

Traditionally:
Time not essence in immovable property contracts.

Modern View:
Due to price escalation, courts treat time more seriously.

Court examines:

• Express clause

• Conduct

• Surrounding circumstances

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6️⃣ Q. What is substituted performance under amended Act?

✅ Answer (Section 20):

After 2018 amendment:

• If promisor fails to perform

• Promisee may get contract performed by third party

• Recover cost from promisor

Notice of 30 days required.

This reduces litigation.

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7️⃣ Q. Distinguish between cancellation and rescission.

✅ Answer:

Cancellation applies to void/voidable instruments affecting rights.

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8️⃣ Q. When can declaration be granted?

✅ Answer (Section 34):

Court may grant declaration if:

• Plaintiff entitled to legal character or right

• Defendant denies or interested to deny

But no declaration if:
Plaintiff able to seek further relief but omits to do so.

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9️⃣ Q. Temporary vs Permanent Injunction.

✅ Answer:

Temporary (Order 39 CPC):

• Interim

• Prima facie case

• Balance of convenience

• Irreparable injury

Permanent (Section 38 SRA):

• Final decree

• Based on established right

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🔟 Q. Discuss discretionary principles governing specific relief.

✅ Answer:

Even post-2018 amendment, relief may be refused if:

• Plaintiff in breach

• Suppression of facts

• Hardship to defendant

• Unfair advantage

Equity still relevant but statutory mandate stronger.

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🔥 High-Scoring Answer Structure Tip

For mains:

1. Define provision

2. Cite section number

3. Mention amendment impact

4. Add case principle

5. Conclude with practical application