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Section 16 of Specific Relief Act, 1963

1. Section 16(a) of the Specific Relief Act bars specific performance in favor of a person who has obtained substituted performance of the contract under section 20. 2. Section 16(b) bars relief for a person who is incapable of performing the contract or violates an essential term. 3. Section 16(c) bars relief if the plaintiff fails to prove they were always ready and willing to perform the essential terms of the contract.

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736 views7 pages

Section 16 of Specific Relief Act, 1963

1. Section 16(a) of the Specific Relief Act bars specific performance in favor of a person who has obtained substituted performance of the contract under section 20. 2. Section 16(b) bars relief for a person who is incapable of performing the contract or violates an essential term. 3. Section 16(c) bars relief if the plaintiff fails to prove they were always ready and willing to perform the essential terms of the contract.

Uploaded by

Nishita Gupta
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Section 16 of Specific

Relief Act, 1963


Personal Bars to Relief
Section 16 of SRA
Personal bars to relief
• 16. Personal bars to relief.—Specific performance of a contract cannot be enforced in favour
of a person—(a) who would not be entitled to recover compensation for its breach; or
• (b) who has become incapable of performing, or violates any essential term of, the contract
that on his part remains to be performed, or acts in fraud of the contract, or wilfully acts at
variance with, or in subversion of, the relation intended to be established by the contract; or
• (c) who fails to aver and prove that he has performed or has always been ready and willing
to perform the essential terms of the contract which are to be performed by him, other than
terms the performance of which has been prevented or waived by the defendant.
Explanation.—For the purposes of clause (c),—(i) where a contract involves the payment of
money, it is not essential for the plaintiff to actually tender to the defendant or to deposit in
court any money except when so directed by the court;
• (ii) the plaintiff must aver performance of, or readiness and willingness to perform, the
contract according to its true construction.
Changes in Section 16 introduced by
Amendment Act 2018
• In section 16 of the Principal Act,— (i) for clause (a), the following
clause shall be substituted, namely:— “(a) who has obtained
substituted performance of contract under section 20; or”; (ii) in
clause (c),— (I) for the words “who fails to aver and prove”, the words
“who fails to prove” shall be substituted; (II) in the Explanation, in
clause (ii), for the words “must aver”, the words “must prove” shall be
substituted.
New Section 16 after Specific Relief
(Amendment) Act, 2018
• 16. Personal bars to relief.—Specific performance of a contract cannot be enforced in favour of a
person—
• (a) who has obtained substituted performance of contract under section 20; or
• (b) who has become incapable of performing, or violates any essential term of, the contract that on
his part remains to be performed, or acts in fraud of the contract, or wilfully acts at variance with, or
in subversion of, the relation intended to be established by the contract; or
• (c) who fails to prove that he has performed or has always been ready and willing to perform the
essential terms of the contract which are to be performed by him, other than terms the
performance of which has been prevented or waived by the defendant.
• Explanation.—For the purposes of clause (c),—(i) where a contract involves the payment of money,
it is not essential for the plaintiff to actually tender to the defendant or to deposit in court any
money except when so directed by the court;
• (ii) the plaintiff must prove performance of, or readiness and willingness to perform, the contract
according to its true construction.
1. Section16(a): Substituted
Performance
Section 16 Specific performance of a contract cannot be enforced in
favour of a person—
(a) who has obtained substituted performance of contract under
section 20
2. Section16(b):
Person not entitled to relief of specific performance:

(b) who has become incapable of performing, or violates any essential


term of, the contract that on his part remains to be performed, or acts
in fraud of the contract, or wilfully acts at variance with, or in
subversion of, the relation intended to be established by the contract
2. Section16(c):
• Plaintiff fails to prove Readiness and Willingness

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