Role Of The Specific Relief Act In Real Estate Disputes, Impact Of The 2018 Amendment
- IJLLR Journal
- Nov 13, 2025
- 1 min read
Ayush Dadhich, B.B.A. LL.B. (Hons.), Manipal University, Jaipur
ABSTRACT
The Specific Relief (Amendment) Act, 2018 represents a paradigm shift in Indian contract law, particularly concerning real estate disputes. This paper examines the transformation from discretionary equitable relief to mandatory specific performance, analyzing its impact on the real estate sector. Prior to 2018, courts exercised wide discretion under Sections 10 and 14 of the Specific Relief Act, 1963, often favoring monetary compensation over actual performance of contracts. This approach left homebuyers vulnerable to developer defaults and contractual breaches. The 2018 Amendment fundamentally altered this landscape by making specific performance the rule rather than the exception, simultaneously narrowing the grounds for refusal. Through analysis of pre and post-amendment case law, including landmark judgments and their application in real estate contexts, this paper evaluates whether the amendment has achieved its objectives of contractual certainty, buyer protection, and dispute resolution efficiency. The study also examines the interaction between the amended Act and the Real Estate (Regulation and Development) Act, 2016, identifying synergies and potential conflicts in their concurrent operation.
Keywords: Specific Relief Act, Real Estate Disputes, 2018 Amendment, Specific Performance, Buyer Protection.
