Specific Relief Act, 1963 · Chapter II: Specific Performance of Contracts · Persons for or against whom contracts may be specifically enforced
Section 21: Power to award compensation in certain cases
(1) In a suit for specific performance of a contract, the plaintiff may also claim compensation for its breach [in addition to] such performance.
(2) If, in any such suit, the court decides that specific performance ought not to be granted, but that there is a contract between the parties which has been broken by the defendant, and that the plaintiff is entitled to compensation for that breach, it shall award him such compensation accordingly.
(3) If, in any such suit, the court decides that specific performance ought to be granted, but that it is not sufficient to satisfy the justice of the case, and that some compensation for breach of the contract should also be made to the plaintiff, it shall award him such compensation accordingly.
(4) In determining the amount of any compensation awarded under this section, the court shall be guided by the principles specified in section 73 of the Indian Contract Act, 1872 (9 of 1872).
(5) No compensation shall be awarded under this section unless the plaintiff has claimed such compensation in his plaint:
Provided that where the plaintiff has not claimed any such compensation in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just, for including a claim for such compensation.
Explanation.The circumstances that the contract has become incapable of specific performance does not preclude the court from exercising the jurisdiction conferred by this section.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 16 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 21
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K.S. Manjunath and Others v. Moorasavirappa @ Muttanna Chennappa
Whether the High Court committed any error in passing the impugned judgment whereby it allowed the appeals filed by the vendees and set aside the decree passed by the Trial Court, while granting the relief of specific…
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Sangita Sinha v. Bhawana Bhardwaj and Ors.
Issue arose whether a suit for specific performance of an agreement to sell is liable to be decreed if the buyer had accepted the refund of the majority of the earnest money deposit/advance consideration, during the…
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R. Kandasamy (Since Dead) & Ors. v. T.R.K. Sarawathy & Anr.
Trial Court dismissed the suit for specific performance of an agreement for sale by the buyer. High Court allowed the appeal thereagainst and granted decree for specific performance. Whether the impugned judgment of the…
- P. Daivasigamani v. S. Sambandan
- Life Insurance Corporation of India v. Sanjeev Builders Private Limited & Anr.
- Sukhbir v. Ajit Singh
- Kamal Kumar v. Premlata Joshi & Ors.
- Urmila Devi and Others v. The Deity, Mandir Shree Chamunda Devi, Through Temple Commissioner and Others
- Vinod Seth v. Devinder Bajaj and Anr.
- Shiv Kumar Sharma v. Santosh Kumari
- Shamsu Suhara Beevi v. G. Alex and Anr.
- Motilal Jain v. Smt. Ramdasi Devi and Ors.
- K.Narendra v. Riviera Apartments (P) Ltd.
- Jagdish Singh v. Natthu Singh